October 11, 2016

TAM Med. Supply Corp. v American Tr. Ins. Co. (2016 NY Slip Op 51508(U))

Headnote

The court considered an appeal from a denial of a motion for summary judgment in a case involving a provider seeking to recover assigned first-party no-fault benefits. The main issue was whether the action was premature because the provider had failed to provide requested verification. The court held that the denial of the motion for summary judgment was to be modified by providing that the defendant's cross motion for summary judgment dismissing the complaint was denied, thus allowing the action to proceed. The court's decision was based on a similar case, TAM Med. Supply Corp., as Assignee of Shameca Dudley v National Liab. & Fire Ins. Co., and the judges Pesce, Aliotta, and Solomon all concurred.

Reported in New York Official Reports at TAM Med. Supply Corp. v American Tr. Ins. Co. (2016 NY Slip Op 51508(U))

TAM Med. Supply Corp. v American Tr. Ins. Co. (2016 NY Slip Op 51508(U)) [*1]

TAM Med. Supply Corp. v American Tr. Ins. Co.

2016 NY Slip Op 51508(U) [53 Misc 3d 139(A)]

Decided on October 11, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 11, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2014-271 Q C

TAM Medical Supply Corp., as Assignee of Dorian Wood, Appellant,
against
American Transit Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered December 20, 2013. The order denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint.

ORDERED that the order is modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, by order entered December 20, 2013, the Civil Court denied plaintiff’s motion for summary judgment, and granted defendant’s cross motion for summary judgment dismissing the complaint on the ground that the action was premature because plaintiff had failed to provide requested verification.

For the reasons stated in TAM Med. Supply Corp., as Assignee of Shameca Dudley v National Liab. & Fire Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op _____ [appeal No. 2014-269 Q C], decided herewith), the order is modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied.

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

Decision Date: October 11, 2016