August 5, 2015

Quality Psychological Servs., P.C. v Esurance Ins. Co. (2015 NY Slip Op 51225(U))

https://www.beynensonlaw.com/case-law/quality-psychological-servs-p-c-v-esurance-ins-co-2015-ny-slip-op51225u/

Court
Appellate Term, Second Department
Decided
August 5, 2015
Citation
2015 NY Slip Op 51225(U) · 48 Misc 3d 139(A)
Posture
Summary judgment
Outcome
Insurer prevailed
Issues
Other
Cite as
Quality Psychological Servs., P.C. v Esurance Ins. Co., 48 Misc 3d 139(A), 2015 NY Slip Op 51225(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015)

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.

The provider's challenges to the insurer's summary judgment motion were unpreserved because they were first raised on appeal. The provider appealed an order granting the insurer summary judgment dismissing its assigned no-fault benefits action and denying its own cross motion. Relying on Joe v Upper Room Ministries, Inc. and Gulf Ins. Co. v Kanen, the Appellate Term, Second Department, declined to consider the newly raised arguments and affirmed the order in the insurer's favor.

Reported in New York Official Reports at Quality Psychological Servs., P.C. v Esurance Ins. Co. (2015 NY Slip Op 51225(U))

[*1]
Quality Psychological Servs., P.C. v Esurance Ins. Co.
2015 NY Slip Op 51225(U) [48 Misc 3d 139(A)]
Decided on August 5, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 5, 2015

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


PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-750 K C
Quality Psychological Services, P.C. as Assignee of AIME WILFRED, Appellant, August 5, 2015

against

Esurance Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered December 6, 2012. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment.

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 and denied plaintiff’s cross motion for summary judgment.

All of plaintiff’s arguments as to why defendant’s motion for summary judgment should have been denied are not properly before this court, since they are being raised for the first time on appeal, and we decline to consider them (see Joe v Upper Room Ministries, Inc., 88 AD3d 963 [2011]; Gulf Ins. Co. v Kanen, 13 AD3d 579 [2004]). Accordingly, the order is affirmed.

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


Decision Date: August 05, 2015

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