June 10, 2022
Veraso Med. Supply Corp. v State Farm Mut. Auto. Ins. Co. (2022 NY Slip Op 50583(U))
https://www.beynensonlaw.com/case-law/veraso-med-supply-corp-v-state-farm-mut-auto-ins-co-2022-ny-slip-op50583u/
- Decided
- June 10, 2022
- Citation
- 2022 NY Slip Op 50583(U) · 75 Misc 3d 139(A)
- Posture
- Summary judgment
- Outcome
- Insurer prevailed
- Issues
- Other
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.
Reported in New York Official Reports at Veraso Med. Supply Corp. v State Farm Mut. Auto. Ins. Co. (2022 NY Slip Op 50583(U))
| Veraso Med. Supply Corp. v State Farm Mut. Auto. Ins. Co. |
| 2022 NY Slip Op 50583(U) [75 Misc 3d 139(A)] |
| Decided on June 10, 2022 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 10, 2022
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ
2020-454 K C
against
State Farm Mutual Automobile Ins. Co., Respondent.
The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Rivkin Radler, LLP (Stuart M. Bodoff and Cheryl F. Korman of counsel), for respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn Walker-Diallo, J.), entered March 21, 2019. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment.
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 which granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment.
Contrary to plaintiff’s sole contention on appeal with respect to defendant’s motion, the affidavit submitted by plaintiff in opposition to defendant’s motion was insufficient to demonstrate the existence of an issue of fact (see CPM Med Supply, Inc. v State Farm Fire & Cas. Ins. Co., 63 Misc 3d 140[A], 2019 NY Slip Op 50576[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]; D & R Med. Supply v American Tr. Ins. Co., 32 Misc 3d 144[A], 2011 NY Slip Op 51727[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2011]).
Accordingly, the order is affirmed.
ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk
Decision Date: June 10, 2022
Cited in this decision
- CPM Med Supply, Inc. v State Farm Fire & Cas. Ins. Co. (2019 NY Slip Op 50576(U))A provider's opinion that requested invoices are unnecessary does not reasonably justify failing to supply verification.
- D & R Med. Supply v American Tr. Ins. Co. (2011 NY Slip Op 51727(U))The provider's incomplete verification responses left the insurer's time to pay or deny untriggered and the action premature.
Similar decisions
- Veraso Med. Supply Corp. v 21st Century Ins. Co. (2018 NY Slip Op 51696(U))The insurer failed to establish a timely denial after the assignor's alleged EUO nonappearances, defeating its summary judgment cross motion.
- Veraso Med. Supply Corp. v Victoria Fire & Cas. Co. (2019 NY Slip Op 50690(U))The insurer's summary judgment dismissing the claims for failure to give accident notice within 30 days was affirmed.
- Veraso Med. Supply Corp. v Nationwide Ins. (2021 NY Slip Op 51167(U))The provider's failure to meet local licensing requirements was established at trial, rendering it ineligible for no-fault reimbursement.
- Veraso Med. Supply Corp. v NY City Tr. Auth. (2019 NY Slip Op 50754(U))The provider's owner's affidavit raised a triable issue as to timely submission of the claim despite the transit authority's denial of receipt.
- Sovera Med. Supply Corp. v State Farm Mut. Auto. Ins. Co. (2020 NY Slip Op 51363(U))Striking a pleading for discovery noncompliance requires a clear showing that the failure was willful, contumacious, or in bad faith.