December 5, 2025

Medical Supply of NY Servs., Inc. v Foremost Signature Ins. Co. (2025 NY Slip Op 51980(U))

https://www.beynensonlaw.com/case-law/medical-supply-of-ny-servs-inc-v-foremost-signature-ins-co-2025-ny-slip-op-51980u/

Court: Appellate Term, Second Department
Decided: December 5, 2025
Citation: 2025 NY Slip Op 51980(U)
Posture: Summary judgment
Outcome: Provider prevailed
Issues: Policy issues

Cite as

Medical Supply of NY Servs., Inc. v Foremost Signature Ins. Co., 2025 NY Slip Op 51980(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2025)

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Summary

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

The insurer's summary judgment motion based on preaccident policy cancellation was denied on appeal. The Appellate Term, Second Department, reversed the order, insofar as appealed from, and denied the branch seeking dismissal of the provider's assigned no-fault claim. It relied on the reasons stated in the companion appeal involving Prompt Med. Group, Inc., decided the same day, No. 2024-1129 RI C.

Reported in New York Official Reports at Medical Supply of NY Servs., Inc. v Foremost Signature Ins. Co. (2025 NY Slip Op 51980(U))

[*1]

Medical Supply of NY Servs., Inc. v Foremost Signature Ins. Co.

2025 NY Slip Op 51980(U)

Decided on December 5, 2025

Appellate Term, Second Department

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

As corrected in part through December 17, 2025; it will not be published in the printed Official Reports.

Decided on December 5, 2025

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

PRESENT: : WAVNY TOUSSAINT, P.J., MARINA CORA MUNDY, JOANNE D. QUIÑONES, JJ
2024-1134 RI C

Medical Supply of NY Services, Inc., as Assignee of Philippe F. Polidor, Appellant,

against

Foremost Signature Insurance Company, Respondent.

Kopelevich & Feldsherova, P.C. (Galina Feldsherova of counsel), for appellant. Law Offices of Rothenberg & Romanek (Kenneth F. Popper of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Richmond County (Mary A. Kavanagh, J.), entered October 22, 2024. The order, insofar as appealed from as limited by the brief, granted the branch of defendant’s motion seeking summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and the branch of defendant’s motion seeking summary judgment dismissing the complaint is denied.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals, as limited by the brief, from so much of an order of the Civil Court (Mary A. Kavanagh, J.) entered October 22, 2024 as granted the branch of defendant’s motion seeking summary judgment dismissing the complaint on the ground that there was no insurance coverage for the vehicle allegedly involved in a November 4, 2022 accident, as the insurance policy had been cancelled on October 24, 2022.

For the reasons stated in Prompt Med. Group, Inc., as Assignee of Philippe F. Polidor v Foremost Signature Ins. Co. (— Misc 3d —, 2025 NY Slip Op — [appeal No. 2024-1129 RI C], decided herewith), the order, insofar as appealed from, is reversed and the branch of defendant’s motion seeking summary judgment dismissing the complaint is denied.

TOUSSAINT, P.J., MUNDY and QUIÑONES, JJ., concur.

ENTER:
Jennifer Chan
Acting Chief Clerk
Decision Date: December 5, 2025

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Prompt Med. Group, Inc. v Foremost Signature Ins. Co. (2025 NY Slip Op 51979(U))The insurer's summary judgment motion based on preaccident policy cancellation was denied on appeal.
PFJ Med. Care, P.C. v Hereford Ins. Co. (2021 NY Slip Op 50637(U))The insurer's summary judgment motion asserting that it had issued no automobile policy covering the accident was granted on appeal.
Integral Med. Supply Corp. v Progressive Ins. Co. (2025 NY Slip Op 50493(U))A material misrepresentation defense concerning a vehicle's garaging location is subject to preclusion for untimely denial.
Prompt Med. Group, Inc. v Erie Ins. Co. of N.Y. (2025 NY Slip Op 51164(U))The insurer's hearsay submissions and conflicting accident accounts failed to establish that its insured vehicle was uninvolved.
SK Prime Med. Supply v Permanent Gen. Assur. Corp. (2019 NY Slip Op 52052(U))The insurer established effective policy cancellation before the accident by proving proper mailing and timely filing with the DMV. The insurer sought summary judgment dismissing the provider's assigned no-fault claim for lack of coverage after cancellation for nonpayment of the premium.