April 16, 2015

Jamaica Dedicated Med. Care. P.C. v Praetorian Ins. Co. (2015 NY Slip Op 50606(U))

Headnote

The main issue in this case was whether the defendant, Praetorian Ins. Co., should be granted summary judgment to dismiss the complaint by Jamaica Dedicated Medical Care, P.C., as assignee of LALBACHAN SOOKLALL, seeking to recover first-party no-fault benefits. The defendant argued that the insurance policy was fraudulently procured by the plaintiff's assignor, the insured. However, the court denied the defendant's motion for summary judgment, and the Appellate Term, Second Department affirmed the lower court's decision. The court did not provide specific details about the facts of the case or the reasoning behind the decision, but it upheld the denial of the defendant's motion for summary judgment, with the decision dated April 16, 2015.

Reported in New York Official Reports at Jamaica Dedicated Med. Care. P.C. v Praetorian Ins. Co. (2015 NY Slip Op 50606(U))

Jamaica Dedicated Med. Care. P.C. v Praetorian Ins. Co. (2015 NY Slip Op 50606(U)) [*1]

Jamaica Dedicated Med. Care. P.C. v Praetorian Ins. Co.

2015 NY Slip Op 50606(U) [47 Misc 3d 140(A)]

Decided on April 16, 2015

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 16, 2015

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-1436 K C

Jamaica Dedicated Medical Care. P.C. as Assignee of LALBACHAN SOOKLALL, Respondent,
against
Praetorian Ins. Co., Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Wavny Toussaint, J.), entered January 29, 2013. The order denied defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint on the ground that plaintiff’s assignor, the insured, had fraudulently procured the insurance policy. Defendant appeals from an order entered January 24, 2013 which denied the motion.

For the reasons stated in Jamaica Dedicated Med. Care, P.C. as Assignee of Lalbachan Sooklall v Praetorian Ins. Co. ( Misc 3d , 2014 NY Slip Op [Appeal No. 2013-1345 K C], decided herewith), the order is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.

Decision Date: April 16, 2015