November 3, 2017

TAM Med. Supply Corp. v 21st Century Ins. Co. (2017 NY Slip Op 51511(U))

https://www.beynensonlaw.com/case-law/tam-med-supply-corp-v-21st-century-ins-co-2017-ny-slip-op51511u/

Court: Appellate Term, Second Department
Decided: November 3, 2017
Citation: 2017 NY Slip Op 51511(U) · 57 Misc 3d 149(A)
Posture: Summary judgment
Outcome: Insurer prevailed
Issues: EUO no-show

Cite as

TAM Med. Supply Corp. v 21st Century Ins. Co., 57 Misc 3d 149(A), 2017 NY Slip Op 51511(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017)

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 cross motion for summary judgment dismissing the provider's claims for failure to appear for EUOs was granted. The Appellate Term, Second Department, affirmed the order, insofar as appealed from, for the reasons stated in the companion appeal decided the same day, No. 2014-2698 Q C.

Reported in New York Official Reports at TAM Med. Supply Corp. v 21st Century Ins. Co. (2017 NY Slip Op 51511(U))

[*1]

TAM Med. Supply Corp. v 21st Century Ins. Co.

2017 NY Slip Op 51511(U) [57 Misc 3d 149(A)]

Decided on November 3, 2017

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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 3, 2017
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALOTTA, MARTIN M. SOLOMON, JJ
2014-2700 Q C

TAM Medical Supply Corp., as Assignee of Moore, Natasha, Appellant,
against
21st Century Insurance Company, Respondent.

The Rybak Firm, PLLC (Joseph D. DePalma, Esq,), for appellant. Law Offices of Bryan M. Rothenberg (Sharon A. Brennan, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), entered October 15, 2014. The order, insofar as appealed from as limited by the brief, granted defendant’s cross motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals, as limited by its brief, from so much of an order of the Civil Court as granted defendant’s cross motion for summary judgment dismissing the complaint on the ground that plaintiff had failed to appear for duly scheduled examinations under oath.

For the reasons stated in TAM Med. Supply Corp., as Assignee of Garcia, Nancy v 21st Century Ins. Co. (___ Misc 3d ___, 2017 NY Slip Op _____ [appeal No. 2014-2698 Q C], decided herewith), the order, insofar as appealed from, is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 03, 2017

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