October 11, 2016

Performance Plus Med., P.C. v Nationwide Ins. (2016 NY Slip Op 51538(U))

Headnote

The court considered the case of Performance Plus Medical, P.C., seeking to recover assigned first-party no-fault benefits from Nationwide Ins. The main issue decided was whether the action was premature because the plaintiff had allegedly failed to provide requested verification. The court ultimately reversed the order of the Civil Court of the City of New York, which had granted defendant's motion for summary judgment dismissing the complaint, and denied defendant's motion for summary judgment. Therefore, the holding of the case was in favor of Performance Plus Medical, P.C., allowing them to continue their action to recover the assigned first-party no-fault benefits from Nationwide Ins.

Reported in New York Official Reports at Performance Plus Med., P.C. v Nationwide Ins. (2016 NY Slip Op 51538(U))

Performance Plus Med., P.C. v Nationwide Ins. (2016 NY Slip Op 51538(U)) [*1]

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

2016 NY Slip Op 51538(U) [53 Misc 3d 142(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This opinion is uncorrected and will not be published in the printed Official Reports.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.
2014-507 Q C

Performance Plus Medical, P.C., as Assignee of Raymund Francis, Appellant,
against
Nationwide Ins., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), entered February 13, 2014. 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