June 6, 2016

New Way Med. Supply Corp. v Praetorian Ins. Co. (2016 NY Slip Op 50920(U))

Headnote

The relevant facts of the case involved a medical supply company, New Way Medical Supply Corp., seeking to recover first-party no-fault benefits that had been assigned to them. The company moved for summary judgment, while the defendant, Praetorian Ins. Co., cross-moved for summary judgment on the basis that the action was premature due to the plaintiff failing to provide requested verification. The Civil Court denied the plaintiff's motion and granted the defendant's cross-motion, but the appellate court modified the order by denying the defendant's cross-motion for summary judgment dismissing the complaint. The main issue decided in the case was whether the defendant's cross-motion for summary judgment dismissing the complaint should be granted, based on the plaintiff's alleged failure to provide requested verification. The holding of the case was that the appellate court modified the lower court's decision by denying the defendant's cross-motion for summary judgment dismissing the complaint. This decision was based on reasons stated in a similar case, Great Health Care Chiropractic, P.C., as Assignee of Carlos Thomas v Hereford, Ins. Co., and was concurred by Pesce, P.J., Aliotta and Solomon, JJ.

Reported in New York Official Reports at New Way Med. Supply Corp. v Praetorian Ins. Co. (2016 NY Slip Op 50920(U))

New Way Med. Supply Corp. v Praetorian Ins. Co. (2016 NY Slip Op 50920(U)) [*1]

New Way Med. Supply Corp. v Praetorian Ins. Co.

2016 NY Slip Op 50920(U) [52 Misc 3d 128(A)]

Decided on June 6, 2016

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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 6, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-2130 K C

New Way Medical Supply Corp., as Assignee of WILLIE ANSLEY, Appellant,
against
Praetorian 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 and granted defendant’s cross motion for summary judgment dismissing the complaint.

ORDERED that the order is modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment, and defendant cross-moved for summary judgment dismissing the complaint on the ground that the action was premature because plaintiff had failed to provide requested verification. By order entered April 17, 2013, the Civil Court denied plaintiff’s motion and granted defendant’s cross motion.

For the reasons stated in Great Health Care Chiropractic, P.C., as Assignee of Carlos Thomas v Hereford, Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op ___ [appeal No. 2013-1720 Q C], decided herewith), the order is modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied.

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

Decision Date: June 06, 2016