October 25, 2019

Vincent Med. Servs., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51748(U))

Headnote

The court considered a motion to dismiss a complaint brought by Vincent Medical Services, P.C., as Assignee of Pierre, Jean Louis, against American Independent Ins. Co. to recover assigned first-party no-fault benefits. The main issue decided was whether the complaint should be dismissed pursuant to CPLR 3211 (a) (8). The holding of the court was that the order denying the defendant's motion to dismiss the complaint was reversed, and the defendant's motion to dismiss the complaint was granted. This decision was based on the reasoning stated in a similar case, Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v American Ind. Ins. Co., where the order to deny the motion to dismiss the complaint was also reversed. The decision was made on October 25, 2019 by the Appellate Term, Second Department in New York.

Reported in New York Official Reports at Vincent Med. Servs., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51748(U))

Vincent Med. Servs., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51748(U)) [*1]

Vincent Med. Servs., P.C. v American Ind. Ins. Co.

2019 NY Slip Op 51748(U) [65 Misc 3d 144(A)]

Decided on October 25, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 25, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ
2018-312 K C

Vincent Medical Services, P.C., as Assignee of Pierre, Jean Louis, Respondent,
against
American Independent Ins. Co., Appellant.

Freiberg, Peck & Kang, LLP (Yilo J. Kang of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Odessa Kennedy, J.), entered January 31, 2018. The order, insofar as appealed from, denied defendant’s motion to dismiss the complaint.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant’s motion to dismiss the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court as denied defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (8).

For the reasons stated in Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v American Ind. Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-2405 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant’s motion to dismiss the complaint is granted.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: October 25, 2019