March 8, 2019

New Horizon Surgical Ctr., L.L.C. v Travelers Ins. (2019 NY Slip Op 50283(U))

Headnote

The main issue in this case is whether the provider's action to recover assigned first-party no-fault benefits was premature because the plaintiff had failed to provide requested verification. The court considered the fact that the defendant had appealed from an order of the Civil Court that denied the branch of the defendant's motion seeking summary judgment dismissing the complaint. The court decided that the branch of the defendant's motion seeking summary judgment dismissing the complaint should be granted. The holding of this case is that the order, insofar as appealed from, is reversed, and the branch of defendant's motion seeking summary judgment dismissing the complaint is granted.

Reported in New York Official Reports at New Horizon Surgical Ctr., L.L.C. v Travelers Ins. (2019 NY Slip Op 50283(U))

New Horizon Surgical Ctr., L.L.C. v Travelers Ins. (2019 NY Slip Op 50283(U)) [*1]

New Horizon Surgical Ctr., L.L.C. v Travelers Ins.

2019 NY Slip Op 50283(U) [62 Misc 3d 150(A)]

Decided on March 8, 2019

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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 8, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ
2016-2706 RI C

New Horizon Surgical Center, L.L.C., as Assignee of Kelvyn Aguilar, Respondent,
against
Travelers Insurance, Appellant.

Law Offices of Aloy O. Ibuzor (Alla Peker of counsel), for appellant. Law Offices of Stephen A. Strauss, P.C. (Colleen M. Terry of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Richmond County (Orlando Marrazzo, Jr., J.), entered September 22, 2016. The order, insofar as appealed from, denied 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 granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court as denied the branch of defendant’s motion which had sought summary judgment dismissing the complaint on the ground that the action was premature because plaintiff had failed to provide requested verification.

For the reasons stated in New Horizon Surgical Ctr., L.L.C., as Assignee of Kelvyn Aguilar v Travelers Ins. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2016-2703 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 granted.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: March 08, 2019