July 12, 2019

New Millennium Med. Imaging, P.C. v Charter Oak Fire Ins. Co. (2019 NY Slip Op 51163(U))

Headnote

The relevant facts considered by the court were that the plaintiff, New Millennium Medical Imaging, P.C., was seeking to recover assigned first-party no-fault benefits from the defendant, Charter Oak Fire Insurance Company. The defendant filed a motion for summary judgment dismissing the complaint, arguing that it had not issued an insurance policy covering the subject loss. The main issue decided by the court was whether the defendant had issued a policy covering the subject loss. The holding of the court was that the proof submitted by the defendant was sufficient to demonstrate that it had not issued a policy covering the subject loss, and therefore the defendant's motion for summary judgment was granted and the plaintiff's cross motion for summary judgment was denied. The court affirmed the order of the Civil Court, with costs.

Reported in New York Official Reports at New Millennium Med. Imaging, P.C. v Charter Oak Fire Ins. Co. (2019 NY Slip Op 51163(U))

New Millennium Med. Imaging, P.C. v Charter Oak Fire Ins. Co. (2019 NY Slip Op 51163(U)) [*1]

New Millennium Med. Imaging, P.C. v Charter Oak Fire Ins. Co.

2019 NY Slip Op 51163(U) [64 Misc 3d 137(A)]

Decided on July 12, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 12, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ
2017-1041 K C

New Millennium Medical Imaging, P.C., as Assignee of Daishawn Higgins, Appellant,
against
Charter Oak Fire Insurance Company, Respondent.

Law Office of Damin J. Toell, P.C. (Damin J. Toell of counsel), for appellant. Law Office of Aloy O. Ibuzor (Janice A. Robinson of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Richard J. Montelione, J.), entered February 16, 2017. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment.

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

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant’s motion for summary judgment dismissing the complaint on the ground that defendant had not issued an insurance policy covering the subject loss, and denied plaintiff’s cross motion for summary judgment.

Contrary to plaintiff’s contention, the proof submitted by defendant was sufficient to demonstrate that it had not issued a policy covering the subject loss (see e.g. New Way Med. Supply Corp. v Dollar Rent A Car, 49 Misc 3d 154[A], 2015 NY Slip Op 51794[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]; Delta Diagnostic Radiology, P.C. v American Tr. Ins. Co., 44 Misc 3d 136[A], 2014 NY Slip Op 51240[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2014]).

Accordingly, the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: July 12, 2019