October 11, 2016

Renelique v American Tr. Ins. Co. (2016 NY Slip Op 51495(U))

Headnote

The relevant facts considered by the court include an action by a provider to recover assigned first-party no-fault benefits. The plaintiff had appealed from an order of the Civil Court which denied their motion for summary judgment and granted the defendant's cross motion for summary judgment. The main issue decided was whether the action was premature because the plaintiff had failed to provide requested verification. The holding of the court was that the defendant's cross motion for summary judgment dismissing the complaint was denied. The decision was made by Pesce, P.J., Aliotta, and Solomon, JJ., and was handed down on October 11, 2016.

Reported in New York Official Reports at Renelique v American Tr. Ins. Co. (2016 NY Slip Op 51495(U))

Renelique v American Tr. Ins. Co. (2016 NY Slip Op 51495(U)) [*1]

Renelique v American Tr. Ins. Co.

2016 NY Slip Op 51495(U) [53 Misc 3d 138(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This opinion is uncorrected and will not be published in the printed Official Reports.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.
2013-2544 Q C

Pierre Jean Jacques Renelique, as Assignee of Stephanie Rouse, Appellant,
against
American Transit Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), entered November 1, 2013. The order denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint.

ORDERED that the order is modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without 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 denied plaintiff’s motion for summary judgment, and granted defendant’s cross 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 modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied.

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

Decision Date: October 11, 2016