November 23, 2018

Veraso Med. Supply Corp. v 21st Century Ins. Co. (2018 NY Slip Op 51698(U))

Headnote

The court considered that plaintiff, Veraso Medical Supply Corp, was seeking to recover assigned first-party no-fault benefits and had filed a motion for summary judgment. However, the defendant, 21st Century Insurance Company, had filed a cross motion for summary judgment dismissing the complaint on the grounds that plaintiff's assignor had failed to appear for examinations under oath. The main issue decided was whether the defendant's cross motion for summary judgment dismissing the complaint should be granted. The holding of the court was that the defendant's cross motion for summary judgment dismissing the complaint was denied.

Reported in New York Official Reports at Veraso Med. Supply Corp. v 21st Century Ins. Co. (2018 NY Slip Op 51698(U))

Veraso Med. Supply Corp. v 21st Century Ins. Co. (2018 NY Slip Op 51698(U)) [*1]

Veraso Med. Supply Corp. v 21st Century Ins. Co.

2018 NY Slip Op 51698(U) [61 Misc 3d 146(A)]

Decided on November 23, 2018

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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 23, 2018

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2016-1227 K C

Veraso Medical Supply Corp., as Assignee of Connor, John, Appellant,
against
21st Century Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Offices of Bryan M. Rothenberg (Sharon A. Brennan of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Katherine A. Levine, J.), entered March 10, 2016. The order denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint.

ORDERED that the order is modified by providing that defendant’s cross 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 denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint on the ground that plaintiff’s assignor had failed to appear for examinations under oath.

For the reasons stated in Veraso Med. Supply Corp., as Assignee of Connor, John v 21st Century Ins. Co. (___ Misc 3d ____, 2018 NY Slip Op _____ [appeal No. 2016-1141 K C], decided herewith), the order is modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 23, 2018