April 7, 2014
Right Aid Med. Supply Corp. v Allstate Ins. Co. (2014 NY Slip Op 50627(U))
https://www.beynensonlaw.com/case-law/right-aid-med-supply-corp-v-allstate-ins-co-2014-ny-slip-op50627u/
- Court
- Appellate Term, Second Department
- Decided
- April 7, 2014
- Citation
- 2014 NY Slip Op 50627(U) · 43 Misc 3d 133(A)
- Posture
- Summary judgment
- Outcome
- Provider prevailed
- Legal questions
- Claimant's prima facie case on motions (see the maps)
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 Right Aid Med. Supply Corp. v Allstate Ins. Co. (2014 NY Slip Op 50627(U))
| Right Aid Med. Supply Corp. v Allstate Ins. Co. |
| 2014 NY Slip Op 50627(U) [43 Misc 3d 133(A)] |
| Decided on April 7, 2014 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ
2011-956 K C.
against
Allstate Insurance Company, Appellant.
Appeal from an order of the Civil Court of the City of New York, Kings County (Pamela L. Fisher, J.), entered January 20, 2011. The order, insofar as appealed from, upon denying plaintiff’s motion for summary judgment, limited the issues for trial to the timeliness and propriety of defendant’s denial of claim forms and to the defenses preserved in such denials (see CPLR 3212 [g]).
ORDERED that the order, insofar as appealed from, is affirmed, without costs.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. The Civil Court denied the motion, but limited the issues for trial to the timeliness and propriety of defendant’s denial of claim forms and to the defenses preserved in such denials. Defendant argues on appeal that the Civil Court, in effect, granted plaintiff’s motion for summary judgment, and that it should not have made CPLR 3212 (g) findings in plaintiff’s favor.
Contrary to defendant’s position on appeal, the court did not grant plaintiff’s motion for summary judgment. Rather, the court limited the issues of fact for trial, which it is permitted to do when a motion for summary judgment is denied or partially denied (see CPLR 3212 [g]).
Defendant fails to articulate a sufficient basis to strike the Civil Court’s CPLR 3212 (g) findings in plaintiff’s favor (see Viviane Etienne Med. Care, P.C. v Country-Wide Ins. Co., ___ AD3d ___ 2013 NY Slip Op 08430 [2d Dept 2013]). Defendant’s contention on appeal that plaintiff had failed to demonstrate the submission to defendant of the claim forms in question is without merit, as defendant admitted receipt of each of the claim forms at issue. Defendant’s remaining contention lacks merit.
Accordingly, the order, insofar as appealed from, is affirmed.
Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: April 07, 2014
Legal questions
A question of no-fault law this decision rules on, from our Legal Questions pages. Bars count the decisions on the question by year and court, coloured by category; circles are this decision and the decisions on the question it cites or that cite it. Point at a bar or circle for details. The categories and summaries are Beynenson Law’s classification, made by a language model and checked by a second reading.
On summary judgment or another pretrial motion, what must a no-fault claimant show to establish its prima facie case?
This decision: Claimant's proof held to make out its prima facie case (rules on the question, but another ground decided the case)
Upheld CPLR 3212(g) findings for the provider, rejecting the insurer's claim that submission of the claim forms was not shown because the insurer had admitted receiving each of them.
Of the 990 decisions on this question in the Second Department courts and the Court of Appeals, 446 (this one included) are in the same category.
Cited in this decision
A label shows how this decision treated the case it cites.
- Viviane Etienne Med. Care, P.C. v Country-Wide Ins. Co. (2013 NY Slip Op 08430) FollowedA provider need not prove a claim's merits for summary judgment where the insurer failed to timely and properly deny the claim.
Similar decisions
- Daily Med. Equip. Distrib. Ctr., Inc. v Allstate Ins. Co. (2016 NY Slip Op 51410(U))Neither party established entitlement to summary judgment because its proof concerning the denials was insufficient.
- Amega, Inc. v Allstate Ins. Co. (2014 NY Slip Op 50626(U))CPLR 3212 (g) permits a court to limit factual issues for trial when denying or partially denying summary judgment.
- Right Aid Diagnostic Medicine, P.C. v Geico Ins. Co. (2013 NY Slip Op 51458(U))The provider established the fact and amount of its loss through an admissible claim form, while medical necessity remained disputed.
- Right Aid Med. Supply Corp. v Geico Ins. Co. (2012 NY Slip Op 51717(U))The provider failed to establish entitlement to summary judgment because its submission included a facially timely denial it did not discredit.
- Bay Ls Med. Supplies, Inc. v Allstate Ins. Co. (2015 NY Slip Op 50802(U))The provider failed to establish that its claim was not timely denied or that a timely denial was legally deficient.