October 11, 2016

Performance Plus Med., P.C. v Nationwide Ins. (2016 NY Slip Op 51510(U))

Headnote

The court considered the facts of the case, where Performance Plus Medical, P.C., as the assignee of Earl Best, brought an action to recover first-party no-fault benefits from Nationwide Ins. The main issue decided was whether the plaintiff's action was premature due to the failure to provide requested verification. The holding of the court was that the order granting defendant's motion for summary judgment dismissing the complaint was reversed, and the defendant's motion for summary judgment was denied. The court stated that the action was not premature and the plaintiff's failure to provide requested verification did not warrant summary judgment in favor of the defendant.

Reported in New York Official Reports at Performance Plus Med., P.C. v Nationwide Ins. (2016 NY Slip Op 51510(U))

Performance Plus Med., P.C. v Nationwide Ins. (2016 NY Slip Op 51510(U)) [*1]

Performance Plus Med., P.C. v Nationwide Ins.

2016 NY Slip Op 51510(U) [53 Misc 3d 140(A)]

Decided on October 11, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 11, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2014-273 Q C

Performance Plus Medical, P.C., as Assignee of Earl Best, Appellant,
against
Nationwide Ins., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered December 11, 2013. The order granted defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant’s motion for summary judgment dismissing the complaint is denied.

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 the action was premature because plaintiff had failed to provide requested verification.

For the reasons stated in Performance Plus Med., P.C., as Assignee of Melanna Luckie v Nationwide Ins. (____ Misc 3d ____, 2016 NY Slip Op _____ [appeal No. 2013-2766 Q C], decided herewith), the order is reversed and defendant’s motion for summary judgment dismissing the complaint is denied.

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

Decision Date: October 11, 2016