December 14, 2015
Prepetit Med., P.C. v Allstate Ins. Co. (2015 NY Slip Op 51879(U))
https://www.beynensonlaw.com/case-law/prepetit-med-p-c-v-allstate-ins-co-2015-ny-slip-op-51879u/
- Decided
- December 14, 2015
- Citation
- 2015 NY Slip Op 51879(U) · 50 Misc 3d 128(A)
- Posture
- Other motion
- Outcome
- Insurer prevailed
- Issues
- Discovery and procedure
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.
Reported in New York Official Reports at Prepetit Med., P.C. v Allstate Ins. Co. (2015 NY Slip Op 51879(U))
| Prepetit Med., P.C. v Allstate Ins. Co. |
| 2015 NY Slip Op 51879(U) [50 Misc 3d 128(A)] |
| Decided on December 14, 2015 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 December 14, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : ALIOTTA, J.P., PESCE and SOLOMON, JJ.
2014-539 Q C
against
Allstate Insurance Company, Respondent.
Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered February 26, 2014. The order, insofar as appealed from, granted the branch of defendant’s motion seeking to compel plaintiff to appear for a deposition.
ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from so much of an order of the Civil Court as granted the branch of defendant’s motion seeking to compel plaintiff to appear for a deposition.
For the reasons stated in Farshad D. Hannanian, M.D., P.C. v Allstate Ins. Co. (48 Misc 3d 136[A], 2015 NY Slip Op 51133[U] [App Term, 2d, 11th & 13th Jud Dists 2015]), the order, insofar as appealed from, is affirmed.
Aliotta, J.P., Pesce and Solomon, JJ., concur.
Decision Date: December 14, 2015
Cited in this decision
A label shows how this decision treated the case it cites.
- Farshad D. Hannanian, M.D., P.C. v Allstate Ins. Co. (2015 NY Slip Op 51133(U)) FollowedThe treating provider's deposition was material and necessary to the insurer's medical necessity defense despite a pending summary judgment motion.
Similar decisions
- Compas Med., P.C. v Allstate Ins. Co. (2016 NY Slip Op 51356(U))The insurer failed to establish timely mailing of the denials supporting its EUO nonappearance defense.
- Medical Records Retrieval, Inc. v Allstate Ins. Co. (2017 NY Slip Op 51873(U))The provider's arguments opposing the insurer's summary judgment motion were unpreserved because they were first raised on appeal.
- S.J. Pahng, M.D., P.C. v AutoOne Ins. Co. (2017 NY Slip Op 51513(U))The insurer established entitlement to a provider deposition material and necessary to its lack of medical necessity defense.
- Compas Med., P.C. v Fiduciary Ins. Co. of Am. (2015 NY Slip Op 51472(U))The provider's summary judgment motion was denied because it failed to establish prima facie entitlement on its no-fault claim.
- Prime Diagnostic Med., P.C. v State Farm Mut. Auto. Ins. Co. (2016 NY Slip Op 51363(U))The insurer's motion for summary judgment dismissing the provider's assigned no-fault claims was granted and affirmed on appeal.