June 23, 2016

Performance Plus Med., P.C. v MVAIC (2016 NY Slip Op 51012(U))

https://www.beynensonlaw.com/case-law/performance-plus-med-p-c-v-mvaic-2016-ny-slip-op-51012u/

Court: Appellate Term, Second Department
Decided: June 23, 2016
Citation: 2016 NY Slip Op 51012(U) · 52 Misc 3d 133(A)
Posture: Summary judgment
Outcome: Insurer prevailed
Issues: Timeliness and preclusion

Cite as

Performance Plus Med., P.C. v MVAIC, 52 Misc 3d 133(A), 2016 NY Slip Op 51012(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016)

Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.

Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

MVAIC's summary judgment dismissing the provider's complaint for claim submission beyond 45 days was affirmed. The Appellate Term, Second Department, rejected the provider's sole appellate argument, stating that MVAIC sufficiently established failure to submit the claim forms within 45 days after services were rendered. It relied on 11 NYCRR 65-1.1 and Bajaj v MVAIC.

Reported in New York Official Reports at Performance Plus Med., P.C. v MVAIC (2016 NY Slip Op 51012(U))

[*1]

Performance Plus Med., P.C. v MVAIC

2016 NY Slip Op 51012(U) [52 Misc 3d 133(A)]

Decided on June 23, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 23, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-2062 Q C

Performance Plus Medical, P.C., as Assignee of Suekia Allen-Green, Appellant,

against

MVAIC, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered August 8, 2013. 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 a motion by defendant Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) for summary judgment dismissing the complaint.

Contrary to plaintiff’s sole argument on appeal, defendant sufficiently established that plaintiff had failed to submit its claim forms to MVAIC within 45 days after the services at issue had been rendered. As a result, MVAIC’s motion for summary judgment dismissing the complaint was properly granted (see 11 NYCRR 65-1.1; Bajaj v MVAIC, 49 Misc 3d 145[A], 2015 NY Slip Op 51661[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]).

Accordingly, the order is affirmed.

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

Decision Date: June 23, 2016

Cited in this decision

A label shows how this decision treated the case it cites.

Bajaj v MVAIC (2015 NY Slip Op 51661(U)) FollowedThe provider submitted its claims to MVAIC after the 45-day deadline and failed to provide written justification for the delay.

Similar decisions

Five Boro Psychological Servs., P.C. v MVAIC (2012 NY Slip Op 51656(U))The provider's claim was untimely because it missed the 45-day submission deadline and did not establish written justification for the delay.
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Americhoice Med., P.C. v Motor Veh. Acc. Indem. Co. (2013 NY Slip Op 51742(U))The provider's late claim to MVAIC was dismissed because the provider supplied no written justification for the delay.
Compas Med., P.C. v MVAIC (2019 NY Slip Op 51687(U))MVAIC established that the provider's action was commenced after the three-year statute of limitations expired.
Synergy First Med., PLLC v MVAIC (2014 NY Slip Op 50964(U))The provider failed to justify its late claim to MVAIC by merely stating that it had timely submitted the claim to an insurer.