September 12, 2007

Multiquest, P.L.L.C. v Allstate Ins. Co. (2007 NY Slip Op 51734(U))

Headnote

The relevant facts considered by the court were that plaintiff brought the action to recover $1,236.99 in assigned first-party no-fault benefits, and defendant moved for summary judgment, which was denied by the court for failure to support it with a copy of the pleadings. The main issue decided by the court was whether the defendant's motion for summary judgment should be denied for failure to support it with a copy of the pleadings, a ground not raised by the plaintiff. The holding of the case was that the order denying defendant's motion for summary judgment should be modified to provide that the motion is denied without prejudice to renewal upon proper papers, and as so modified, the order was affirmed without costs.

Reported in New York Official Reports at Multiquest, P.L.L.C. v Allstate Ins. Co. (2007 NY Slip Op 51734(U))

Multiquest, P.L.L.C. v Allstate Ins. Co. (2007 NY Slip Op 51734(U)) [*1]

Multiquest, P.L.L.C. v Allstate Ins. Co.

2007 NY Slip Op 51734(U) [16 Misc 3d 137(A)]

Decided on September 12, 2007

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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 12, 2007

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., RIOS and BELEN, JJ
2006-311 Q C.

Multiquest, P.L.L.C. a/a/o Alberta Darby, Respondent,
against
Allstate Insurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (Joseph Esposito, J.), entered December 6, 2005. The order denied defendant’s motion for summary judgment.

Order modified by providing that the motion is denied without prejudice to renewal upon proper papers; as so modified, affirmed without costs.

Plaintiff brought the instant action to recover $1,236.99 in assigned first-party no-fault benefits. Defendant moved for summary judgment and the court denied the motion for failure to support it with a copy of the pleadings, a ground not raised by plaintiff. In our opinion, the order should be modified as indicated above for the reasons set forth in Multiquest, P.L.L.C. v Allstate Ins. Co. ( Misc 3d , 2007 NY Slip Op [No. 2006-312 Q C], decided herewith).

Pesce, P.J., Rios and Belen, JJ., concur.
Decision Date: September 12, 2007