May 18, 2018

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

Headnote

The court considered the motion for summary judgment by the defendant to dismiss the complaint brought by Serge Chiropractic Services, P.C., as assignee of Carlos Canela, seeking to recover first-party no-fault benefits. The main issue was whether the insurance policy in question was procured by plaintiff's assignor by making a material misrepresentation as to his place of residence. The court reversed the order of the Civil Court, denying defendant's motion for summary judgment dismissing the complaint. The court's holding was based on similar reasons stated in a related case, Liliya Veksler, LCSW, P.C., as Assignee of Carlos Canela v Ameriprise Ins. Co., and concluded that the defendant's motion for summary judgment should be denied.

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

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This opinion is uncorrected and will not be published in the printed Official Reports.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