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September 15, 2016

TAM Med. Supply Corp. v State Farm Mut. Auto. Ins. Co. (2016 NY Slip Op 51327(U))

https://www.beynensonlaw.com/case-law/tam-med-supply-corp-v-state-farm-mut-auto-ins-co-2016-ny-slip-op51327u/

Court
Appellate Term, Second Department
Decided
September 15, 2016
Citation
2016 NY Slip Op 51327(U) · 53 Misc 3d 128(A)
Posture
Summary judgment
Outcome
Insurer prevailed
Issues
Other
Cite as
TAM Med. Supply Corp. v State Farm Mut. Auto. Ins. Co., 53 Misc 3d 128(A), 2016 NY Slip Op 51327(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016)

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 dismissing the provider's assigned no-fault claims was granted and affirmed on appeal. The Appellate Term, Second Department, affirmed the Civil Court, Queens County, order for the reasons stated in Metro Health Prods., Inc. v State Farm Mut. Auto. Ins. Co., without giving independent reasoning or identifying the underlying defense.

Reported in New York Official Reports at TAM Med. Supply Corp. v State Farm Mut. Auto. Ins. Co. (2016 NY Slip Op 51327(U))

[*1]
TAM Med. Supply Corp. v State Farm Mut. Auto. Ins. Co.
2016 NY Slip Op 51327(U) [53 Misc 3d 128(A)]
Decided on September 15, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 15, 2016

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


PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2014-515 Q C
TAM Medical Supply Corp., as Assignee of Clifton Carr, Appellant,

against

State Farm Mutual Automobile Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered February 25, 2014. The order granted defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with $25 costs.

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.

For the reasons stated in Metro Health Prods., Inc. v State Farm Mut. Auto. Ins. Co. (49 Misc 3d 130[A], 2015 NY Slip Op 51419[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]), the order is affirmed.

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


Decision Date: September 15, 2016

Cited in this decision

A label shows how this decision treated the case it cites.

  • Metro Health Prods., Inc. v State Farm Mut. Auto. Ins. Co. (2015 NY Slip Op 51419(U)) FollowedA provider that did not respond to EUO requests could not later challenge their reasonableness to defeat summary judgment.

Similar decisions

  • Tam Med. Supply Corp. v National Liab. & Fire Ins. Co. (2016 NY Slip Op 51533(U))The parties' competing motions for summary judgment on the provider's no-fault claims were both denied on appeal.
  • TAM Med. Supply Corp. v American Tr. Ins. Co. (2016 NY Slip Op 51505(U))The insurer's cross motion for summary judgment based on outstanding verification was denied on appeal.
  • Tam Med. Supply Corp. v Tri State Consumers Ins. Co. (2016 NY Slip Op 51350(U))The scheduled IME doctor's affirmation established the assignor's failure to appear for the IMEs. The provider challenged that proof on appeal from an order denying its motion for summary judgment and granting the insurer's cross motion dismissing the action for assigned no-fault benefits.
  • TAM Med. Supply Corp. v 21st Century Ins. Co. (2016 NY Slip Op 51358(U))The insurer failed to establish that the provider's charges for supplies exceeded the workers' compensation fee schedule.
  • Tam Med. Supply Corp. v Fiduciary Ins. Co. of Am. (2016 NY Slip Op 51352(U))The insurer established that it first learned of the accident through an NF-2 form submitted more than 30 days after the accident.
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