November 30, 2018

Parisien v State Farm Mut. Auto. Ins. Co. (2018 NY Slip Op 51770(U))

Headnote

The court considered the fact that the plaintiff was appealing from an order of the Civil Court which granted the defendant's motion for summary judgment dismissing the complaint on the ground that the plaintiff's assignor had failed to appear for duly scheduled examinations under oath. The main issue decided was whether the denial of the claim form had been timely mailed, and the court found that the defendant had established that it had been timely mailed. The holding of the court was that the order granting the defendant's motion for summary judgment dismissing the complaint was affirmed, with costs of $25.

Reported in New York Official Reports at Parisien v State Farm Mut. Auto. Ins. Co. (2018 NY Slip Op 51770(U))

Parisien v State Farm Mut. Auto. Ins. Co. (2018 NY Slip Op 51770(U)) [*1]

Parisien v State Farm Mut. Auto. Ins. Co.

2018 NY Slip Op 51770(U)

Decided on November 30, 2018

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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 30, 2018

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2016-976 Q C

Jules Francois Parisien, M.D., as Assignee of Jean-Charles, Claudine, Appellant,
against
State Farm Mutual Automobile Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. De Martini & Yi, LLP (Bryan Visnius of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered March 7, 2016. The order granted defendant’s motion for summary judgment dismissing the complaint.

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 plaintiff’s assignor had failed to appear for duly scheduled examinations under oath.

Contrary to plaintiff’s sole contention, defendant established that the denial of claim form had been timely mailed (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]).

Accordingly, the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 30, 2018