December 15, 2017

Masigla v Omni Indem. Co. (2017 NY Slip Op 51767(U))

https://www.beynensonlaw.com/case-law/masigla-v-omni-indem-co-2017-ny-slip-op-51767u/

Court: Appellate Term, Second Department
Decided: December 15, 2017
Citation: 2017 NY Slip Op 51767(U) · 58 Misc 3d 131(A)
Posture: Summary judgment
Outcome: Insurer prevailed
Issues: Policy issues

Cite as

Masigla v Omni Indem. Co., 58 Misc 3d 131(A), 2017 NY Slip Op 51767(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017)

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Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

The insurer's summary judgment motion asserting that it had not issued the policy in question was upheld on appeal. The Appellate Term, Second Department, affirmed dismissal of the provider's assigned no-fault complaint for the reasons stated in Tam Med. Supply Corp. v Omni Indem. Co. and Great Health Care Chiropractic, P.C. v Omni Indem. Co., without providing independent reasoning.

Reported in New York Official Reports at Masigla v Omni Indem. Co. (2017 NY Slip Op 51767(U))

[*1]

Masigla v Omni Indem. Co.

2017 NY Slip Op 51767(U) [58 Misc 3d 131(A)]

Decided on December 15, 2017

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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 15, 2017
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
2014-2267 Q C

Maria S. Masigla, P.T., as Assignee of Robenson, Joseph, Appellant,

against

Omni Indemnity Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Freiberg, Peck & Kang, LLP (Yilo J. Kang, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered August 8, 2014. The order granted 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 defendant had not issued the insurance policy in question and, thus, that plaintiff had sued the wrong insurer. Plaintiff opposed the motion. Plaintiff appeals from an order of the Civil Court which granted defendant’s motion.

For the reasons stated in Tam Med. Supply Corp. v Omni Indem. Co. (48 Misc 3d 142[A], 2015 NY Slip Op 51294[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]) and Great Health Care Chiropractic, P.C. v Omni Indem. Co. (40 Misc 3d 139[A], 2013 NY Slip Op 51450[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2013]), the order is affirmed.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: December 15, 2017

Cited in this decision

A label shows how this decision treated the case it cites.

Tam Med. Supply Corp. v Omni Indem. Co. (2015 NY Slip Op 51294(U)) FollowedThe provider's new deposition evidence failed to defeat the insurer's showing that it had not issued the policy covering the accident.
Great Health Care Chiropractic, P.C. v Omni Indem. Co. (2013 NY Slip Op 51450(U)) FollowedThe defendant insurer established that the provider sued the wrong carrier because another insurer issued the policy covering the accident.

Cited by

Charles Deng Acupuncture, P.C. v Omni Indem. Co. (2018 NY Slip Op 51927(U))The insurer proved that the provider sued the wrong carrier because another insurer had issued the policy covering the accident.
Natural Therapy Acupuncture, P.C. v Omni Indem. Co. (2018 NY Slip Op 51914(U))The insurer established lack of coverage through affidavits showing that another carrier had issued the policy covering the accident.

Similar decisions

TAM Med. Supply Corp. v Omni Indem. Co. (2017 NY Slip Op 51246(U))The insurer's summary judgment dismissal for issuing no policy covering the loss was upheld after reargument and renewal.
Vladenn Med. Supply Corp. v Omni Indem. Co. (2017 NY Slip Op 51773(U))The insurer's summary judgment dismissal asserting that it had not issued the policy was upheld after reargument and renewal.
Maria S. Masigla, P.T. v Omni Indem. Co. (2019 NY Slip Op 51363(U))The provider's judgment for assigned no-fault benefits after a nonjury trial was reversed in the insurer's favor.
Arguelles, M.D., P.C. v Omni Indem. Co. (2017 NY Slip Op 51771(U))The insurer's summary judgment dismissal on renewal, based on its assertion that it had not issued the policy, was upheld.
Compas Med., P.C. v Omni Indem. Co. (2015 NY Slip Op 50414(U))The insurer established that it had not issued the policy covering the accident and that the provider had sued the wrong carrier.