June 3, 2016

Renelique v Tri State Consumers Ins. Co. (2016 NY Slip Op 50867(U))

Headnote

The relevant facts that the court considered were that the defendant, Tri State Consumers Ins. Co., had fully paid the plaintiff in accordance with the workers' compensation fee schedule. The main issue decided was whether the defendant had fully paid the plaintiff, who was seeking to recover assigned first-party no-fault benefits. The holding of the case was that the Civil Court granted defendant's motion for summary judgment dismissing the complaint, and this decision was affirmed by the Appellate Term, Second Department in their order.

Reported in New York Official Reports at Renelique v Tri State Consumers Ins. Co. (2016 NY Slip Op 50867(U))

Renelique v Tri State Consumers Ins. Co. (2016 NY Slip Op 50867(U)) [*1]

Renelique v Tri State Consumers Ins. Co.

2016 NY Slip Op 50867(U) [51 Misc 3d 151(A)]

Decided on June 3, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 3, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-1714 Q C

Pierre Jean Jacques Renelique, as Assignee of MANENDRA BHAGWANDIN, Appellant,
against
Tri State Consumers Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered June 28, 2013. The order granted defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint, arguing that it had fully paid plaintiff in accordance with the workers’ compensation fee schedule. The Civil Court granted defendant’s motion.

For the reasons stated in Renelique, as Assignee of Yvon Delgado v Tri State Consumers Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op ___ [appeal No. 2013-1709 Q C], decided herewith), the order is affirmed.

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

Decision Date: June 03, 2016