October 25, 2019

Pierre J. Renelique, M.D., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51743(U))

Headnote

The relevant facts considered by the court were that Pierre J. Renelique, M.D., P.C. was seeking to recover first-party no-fault benefits as an assignee of Joseph Gehu, and that the defendant, American Independent Ins. Co., had moved to dismiss the complaint pursuant to CPLR 3211(a)(8). The main issue decided by the court was whether the complaint should be dismissed, and the holding of the case was that the court reversed the order of the Civil Court and granted the defendant's motion to dismiss the complaint. The court referenced a similar case, Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v American Ind. Ins. Co., to support its decision. The decision was made by the Appellate Term, Second Department in the 2nd, 11th, and 13th Judicial Districts.

Reported in New York Official Reports at Pierre J. Renelique, M.D., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51743(U))

Pierre J. Renelique, M.D., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51743(U)) [*1]

Pierre J. Renelique, M.D., P.C. v American Ind. Ins. Co.

2019 NY Slip Op 51743(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2017-2434 K C

Pierre J. Renelique, M.D., P.C., as Assignee of Joseph, Gehu, Respondent,
against
American Independent Ins. Co., Appellant.

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

Appeal from an order of the Civil Court of the City of New York, Kings County (Michael Gerstein, J.), entered November 29, 2017. 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