April 29, 2022

Parisien v 21st Century Ins. Co. (2022 NY Slip Op 50362(U))

Headnote

The main issues in this case were whether the provider, as the assignee of the injured party, was entitled to recover first-party no-fault benefits and whether the assignor's failure to appear for scheduled examinations under oath was a valid reason for the insurance company to deny benefits. The court considered the fact that the assignor had failed to appear for these examinations and that the insurance company had moved for summary judgment to dismiss the complaint. The court also took into account the provider's cross motion for summary judgment, which was denied as untimely. The holding of the court was that the insurance company's motion for summary judgment was denied, and the provider's appeal from the order granting the insurance company's motion for summary judgment was upheld.

Reported in New York Official Reports at Parisien v 21st Century Ins. Co. (2022 NY Slip Op 50362(U))

Parisien v 21st Century Ins. Co. (2022 NY Slip Op 50362(U)) [*1]

Parisien v 21st Century Ins. Co.

2022 NY Slip Op 50362(U) [75 Misc 3d 127(A)]

Decided on April 29, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 29, 2022

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

PRESENT: : DONNA-MARIE E. GOLIA, J.P., WAVNY TOUSSAINT, CHEREÉ A. BUGGS, JJ
2020-524 K C

Jules Francois Parisien, M.D., as Assignee of Ranardo Bowen, Appellant,
against
21st Century Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Offices of Buratti, Rothenberg & Burns (Konstantinos Tsirkas of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Rosemarie Montalbano, J.), entered September 10, 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 modified by providing that defendant’s motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without 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 plaintiff’s assignor had failed to appear for duly scheduled examinations under oath, and denied plaintiff’s cross motion for summary judgment as untimely.

For the reasons stated in Pavlova, as Assignee of Bowen, Ranardo v 21st Century Ins. Co. (— Misc 3d — Misc , 2022 NY Slip Op — Misc [appeal No. 2020-537 K C], decided herewith), the order is modified by denying defendant’s motion for summary judgment dismissing the complaint.

GOLIA, J.P., TOUSSAINT and BUGGS, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: April 29, 2022