May 3, 2019

Veraso Med. Supply Corp. v Victoria Fire & Cas. Co. (2019 NY Slip Op 50690(U))

Headnote

The insurer's summary judgment dismissing the claims for failure to give accident notice within 30 days was affirmed. The dismissal rested on 11 NYCRR 65-1.1. The Appellate Term, Second Department, rejected the provider's sole argument concerning the insurer's denial-mailing practices and procedures, relying on St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co.

Reported in New York Official Reports at Veraso Med. Supply Corp. v Victoria Fire & Cas. Co. (2019 NY Slip Op 50690(U))

[*1]
Veraso Med. Supply Corp. v Victoria Fire & Cas. Co.
2019 NY Slip Op 50690(U) [63 Misc 3d 147(A)]
Decided on May 3, 2019
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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 3, 2019
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2017-379 K C

Veraso Medical Supply Corp., as Assignee of Boalds, Janet, Appellant,

against

Victoria Fire & Casualty Company, Respondent.


The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Office of Kevin J. Philbin, for respondent (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered August 22, 2016. 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 on the ground that written notice of the accident had not been submitted to defendant within 30 days of its occurrence as required by 11 NYCRR 65-1.1.

Plaintiff’s argument as to defendant’s practices and procedures regarding the mailing of the denial of claim form lacks merit (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]).

As plaintiff raises no other argument, the order is affirmed.

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


ENTER:
Paul Kenny
Chief Clerk
Decision Date: May 03, 2019

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