May 18, 2018

Serge Chiropractic Servs., P.C. v Ameriprise Ins. Co. (2018 NY Slip Op 50742(U))

https://www.beynensonlaw.com/case-law/serge-chiropractic-servs-p-c-v-ameriprise-ins-co-2018-ny-slip-op50742u/

Court
Appellate Term, Second Department
Decided
May 18, 2018
Citation
2018 NY Slip Op 50742(U) · 59 Misc 3d 145(A)
Posture
Summary judgment
Outcome
Provider prevailed
Issues
Policy issues
Cite as
Serge Chiropractic Servs., P.C. v Ameriprise Ins. Co., 59 Misc 3d 145(A), 2018 NY Slip Op 50742(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2018)

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 insurer's motion for summary judgment based on material misrepresentation of the assignor's residence was denied on appeal. The Appellate Term, Second Department, reversed the dismissal for the reasons stated in the companion appeal decided the same day, Liliya Veksler, LCSW, P.C. v Ameriprise Ins. Co., No. 2016-1448 K C.

Reported in New York Official Reports at Serge Chiropractic Servs., P.C. v Ameriprise Ins. Co. (2018 NY Slip Op 50742(U))

[*1]
Serge Chiropractic Servs., P.C. v Ameriprise Ins. Co.
2018 NY Slip Op 50742(U) [59 Misc 3d 145(A)]
Decided on May 18, 2018
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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 18, 2018

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


PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2016-1704 K C
Serge Chiropractic Services, P.C., as Assignee of Carlos Canela, Appellant,

against

Ameriprise Ins. Co., Respondent.

Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Bruno, Gerbino & Soriano, LLP (Nathan Shapiro of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered May 11, 2016. The order granted defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant’s motion for summary judgment dismissing the complaint is denied.

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 dismissing the complaint upon the ground that plaintiff’s assignor had procured the insurance policy in question by making a material misrepresentation as to his place of residence.

For the reasons stated in Liliya Veksler, LCSW, P.C., as Assignee of Carlos Canela v Ameriprise Ins. Co. (___ Misc 3d ___, 2018 NY Slip Op _____ [appeal No. 2016-1448 K C], decided herewith), the order is reversed, and defendant’s motion for summary judgment dismissing the complaint is denied.

PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.


ENTER:
Paul Kenny
Chief Clerk
Decision Date: May 18, 2018

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