March 17, 2015

New Way Med. Supply Corp. v American Tr. Ins. Co. (2015 NY Slip Op 50422(U))

Headnote

The relevant facts in the case were that New Way Medical Supply Corp. as the assignee of Jonathan Trevino appealed from an order of the Civil Court denying plaintiff's motion for summary judgment to recover assigned first-party no-fault benefits from American Transit Ins. Co. The main issue decided was that the plaintiff failed to establish that the defendant had failed to pay or deny the claim within the 30-day period required by Insurance Law, or that the defendant had issued a timely denial of claim that was conclusory, vague, or without merit as a matter of law. As a result, the plaintiff failed to demonstrate its entitlement to summary judgment. The holding of the case was that the order denying plaintiff's motion for summary judgment was affirmed, with $25 costs.

Reported in New York Official Reports at New Way Med. Supply Corp. v American Tr. Ins. Co. (2015 NY Slip Op 50422(U))

New Way Med. Supply Corp. v American Tr. Ins. Co. (2015 NY Slip Op 50422(U)) [*1]

New Way Med. Supply Corp. v American Tr. Ins. Co.

2015 NY Slip Op 50422(U) [47 Misc 3d 132(A)]

Decided on March 17, 2015

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This opinion is uncorrected and will not be published in the printed Official Reports.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 17, 2015

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-1576 K C

New Way Medical Supply Corp. as Assignee of JONATHAN TREVINO, Appellant,
against
American Transit Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered April 17, 2013. The order denied plaintiff’s 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 denied plaintiff’s motion for summary judgment.

Because plaintiff failed to establish either that defendant had failed to pay or deny the claim within the requisite 30-day period (see Insurance Law § 5106 [a]; Viviane Etienne Med. Care, P.C. v Country-Wide Ins. Co., 114 AD3d 33 [2013]), or that defendant had issued a timely denial of claim that was conclusory, vague or without merit as a matter of law (see Westchester Med. Ctr. v Nationwide Mut. Ins. Co., 78 AD3d 1168 [2010]; Ave T MPC Corp. v Auto One Ins. Co., 32 Misc 3d 128[A], 2011 NY Slip Op 51292[U] [App Term, 2d, 11th & 13th Jud Dists 2011]), plaintiff failed to demonstrate its prima facie entitlement to summary judgment. Accordingly, the order is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.

Decision Date: March 17, 2015