June 6, 2016

Tam Med. Supply Corp. v New York Cent. Mut. Fire Ins. Co. (2016 NY Slip Op 50914(U))

Headnote

The court considered the appeal of an order from the Civil Court of the City of New York, Queens County, which granted the defendant's motion for summary judgment dismissing the complaint in an action to recover assigned first-party no-fault benefits. The main issue decided was whether the action was premature because the provider had failed to provide requested verification. The holding of the court was that the order granting the defendant's motion for summary judgment was reversed, with the defendant's motion being denied. The court cited the reasons stated in a similar case, Renelique, as Assignee of Allen Haynes v Travelers Ins. Co., in support of its decision. The three presiding judges all concurred with this decision.

Reported in New York Official Reports at Tam Med. Supply Corp. v New York Cent. Mut. Fire Ins. Co. (2016 NY Slip Op 50914(U))

Tam Med. Supply Corp. v New York Cent. Mut. Fire Ins. Co. (2016 NY Slip Op 50914(U)) [*1]

Tam Med. Supply Corp. v New York Cent. Mut. Fire Ins. Co.

2016 NY Slip Op 50914(U) [52 Misc 3d 127(A)]

Decided on June 6, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 6, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-1898 Q C

Tam Medical Supply Corp., as Assignee of ISHAMEL MEYERS, Appellant,
against
New York Central Mutual Fire Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered July 26, 2013. 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, defendant moved for summary judgment dismissing the complaint. By order entered July 26, 2013, the Civil Court granted defendant’s 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 Renelique, as Assignee of Allen Haynes v Travelers Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op ______ [appeal No. 2013-1747 Q C], decided herewith), the order is reversed and defendant’s motion for summary judgment is denied.

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

Decision Date: June 06, 2016