October 25, 2019

Lidas Med. Supply, Inc. v Global Liberty Ins. (2019 NY Slip Op 51733(U))

Headnote

The court considered an appeal from an order of the Civil Court which granted the plaintiff's motion for summary judgment in an action by a provider to recover assigned first-party no-fault benefits. The main issue decided was whether the plaintiff's motion for summary judgment should have been denied, as the proof submitted by the plaintiff failed to establish that the claim had not been timely denied or that the defendant had issued a timely denial of claim form that was conclusory, vague or without merit. The holding of the court was that the order granting plaintiff's motion for summary judgment was reversed and the motion for summary judgment was denied.

Reported in New York Official Reports at Lidas Med. Supply, Inc. v Global Liberty Ins. (2019 NY Slip Op 51733(U))

Lidas Med. Supply, Inc. v Global Liberty Ins. (2019 NY Slip Op 51733(U)) [*1]

Lidas Med. Supply, Inc. v Global Liberty Ins.

2019 NY Slip Op 51733(U) [65 Misc 3d 143(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2017-1946 K C

Lidas Medical Supply, Inc., as Assignee of Sloan, Tyrell, Respondent,
against
Global Liberty Insurance, Appellant.

Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum of counsel), for appellant. Law Office of John Gallagher, PLLC, for respondent (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Kings County (Andrew Borrok, J.), entered July 5, 2017. The order granted plaintiff’s motion for summary judgment.

ORDERED that the order is reversed, with $30 costs, and plaintiff’s motion for summary judgment is denied.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court which granted plaintiff’s motion for summary judgment.

Plaintiff’s motion for summary judgment should have been denied, as the proof submitted by plaintiff failed to establish that the claim had not been timely denied (see Viviane Etienne Med. Care, P.C. v Country-Wide Ins. Co., 25 NY3d 498 [2015]), or that defendant had issued a timely denial of claim form that was conclusory, vague or without merit as a matter of law (see Westchester Med. Ctr. v Nationwide Mut. Ins. Co., 78 AD3d 1168 [2010]; Ave T MPC Corp. v Auto One Ins. Co., 32 Misc 3d 128[A], 2011 NY Slip Op 51292[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2011]). In light of the foregoing, we reach no other issue.

Accordingly, the order is reversed and plaintiff’s motion for summary judgment is denied.

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

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