September 22, 2017

Vladenn Med. Supply Corp. v American Tr. Ins. Co. (2017 NY Slip Op 51230(U))

https://www.beynensonlaw.com/case-law/vladenn-med-supply-corp-v-american-tr-ins-co-2017-ny-slip-op51230u/

Court: Appellate Term, Second Department
Decided: September 22, 2017
Citation: 2017 NY Slip Op 51230(U) · 57 Misc 3d 132(A)
Posture: Summary judgment
Outcome: Insurer prevailed
Issues: Timeliness and preclusion
Legal questions: Proof of mailing (see the maps)

Cite as

Vladenn Med. Supply Corp. v American Tr. Ins. Co., 57 Misc 3d 132(A), 2017 NY Slip Op 51230(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017)

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 established untimely accident notice and claim submission, together with a timely denial on both grounds. The provider sought summary judgment on its assigned no-fault claims, and the insurer cross-moved for dismissal. As to the claim at issue on appeal, the record established noncompliance with the notice and submission requirements of 11 NYCRR 65-1.1. The Appellate Term, Second Department, also sustained the insurer's proof of timely denial under St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co. It affirmed the order, insofar as appealed from, denying the provider summary judgment and granting the insurer summary judgment dismissing that claim.

Reported in New York Official Reports at Vladenn Med. Supply Corp. v American Tr. Ins. Co. (2017 NY Slip Op 51230(U))

[*1]

Vladenn Med. Supply Corp. v American Tr. Ins. Co.

2017 NY Slip Op 51230(U) [57 Misc 3d 132(A)]

Decided on September 22, 2017

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This opinion is uncorrected and will not be published in the printed Official Reports.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 22, 2017

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN SOLOMON, JJ
2014-917 Q C

Vladenn Medical Supply Corp., as Assignee of Alleyne, Kayode, Appellant,
against
American Transit Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered March 19, 2014. The order, insofar as appealed from, denied the branch of plaintiff’s motion seeking summary judgment on so much of the complaint as sought to recover upon a claim for $1,885.58 and granted the branch of defendant’s cross motion seeking summary judgment dismissing that portion of the complaint.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment and defendant cross-moved for summary judgment dismissing the complaint. Plaintiff appeals from so much of an order of the Civil Court as denied the branch of plaintiff’s motion seeking summary judgment on so much of the complaint as sought to recover upon a claim for $1,885.58 and granted the branch of defendant’s cross motion seeking summary judgment dismissing that portion of the complaint.

Contrary to plaintiff’s arguments, the record establishes that defendant had not received timely notice of the accident (see 11 NYCRR § 65-1.1); that the claim at issue had been untimely submitted(see id.); and that defendant had timely denied the claim at issue on those grounds (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]).

Accordingly, the order, insofar as appealed from, is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: September 22, 2017

Legal questions

A question of no-fault law this decision rules on, from our Legal Questions pages. Bars count the decisions on the question by year and court, coloured by category; circles are this decision and the decisions on the question it cites or that cite it. Point at a bar or circle for details. The categories and summaries are Beynenson Law’s classification, made by a language model and checked by a second reading.

Proof of mailing

Open the full map

Did a party’s evidence establish that it mailed a no-fault claim, denial, verification request or examination notice?

This decision: The insurer's (or its agent's) proof established mailing of its denial, verification request or IME/EUO notice (rules on the question, but another ground decided the case)

Held the record established that the insurer timely denied the claim on late notice and late submission grounds, citing the standard mailing-proof rule.

Insurer proved mailingInsurer failed to proveProvider proved mailingProvider failed to proveTriable issue on mailingMixed rulingsThis decisionCites it or cited by itCited or followed

Of the 1,400 decisions on this question in the Second Department courts and the Court of Appeals, 809 (this one included) are in the same category.

Cited in this decision

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

St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co. (2008 NY Slip Op 04072) FollowedThe insurer raised factual issues concerning a proper timely denial and its entitlement to deny the hospital's claim.

Similar decisions

Vladenn Med. Supply Corp. v Travelers Ins. Co. (2016 NY Slip Op 50381(U))The provider's employee affidavit raised a triable issue as to whether requested verification was received, defeating dismissal as premature.
Vladenn Med. Supply Corp. v State Farm Mut. Auto. Ins. Co. (2016 NY Slip Op 50928(U))The insurer proved timely mailing and the provider's EUO nonappearances, while the provider failed to justify further discovery.
Vladenn Med. Supply, Corp. v American Commerce Ins. Co. (2016 NY Slip Op 50775(U))The insurer failed to establish EUO nonappearances through evidence from anyone with personal knowledge.
Compas Med., P.C. v American Tr. Ins. Co. (2017 NY Slip Op 51191(U))The insurer established untimely notice of the accident, and the provider failed to rebut that proof.
Medical Careworks, P.C. v American Tr. Ins. Co. (2012 NY Slip Op 51281(U))The insurer established late notice of the accident, and the provider offered neither contrary proof nor a reasonable justification.