December 22, 2017

Medical Records Retrieval, Inc. v Allstate Ins. Co. (2017 NY Slip Op 51873(U))

Headnote

The court considered an appeal from an order of the Civil Court that granted the defendant's motion for summary judgment dismissing the complaint and denied the plaintiff's cross motion for summary judgment. The main issue decided was whether the provider could recover assigned first-party no-fault benefits. The court held that the plaintiff's arguments in opposition to the defendant's motion for summary judgment were not properly before the court, as they were being raised for the first time on appeal, and therefore declined to consider them. Consequently, the court found that the plaintiff had demonstrated no basis to disturb the order granting the defendant's motion and denied the plaintiff's cross motion, affirming the original order.

Reported in New York Official Reports at Medical Records Retrieval, Inc. v Allstate Ins. Co. (2017 NY Slip Op 51873(U))

Medical Records Retrieval, Inc. v Allstate Ins. Co. (2017 NY Slip Op 51873(U)) [*1]

Medical Records Retrieval, Inc. v Allstate Ins. Co.

2017 NY Slip Op 51873(U) [58 Misc 3d 141(A)]

Decided on December 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 22, 2017
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
2015-994 K C

Medical Records Retrieval, Inc., Doing Business as Kamara Supplies, as Assignee of Sigua Juan, Appellant,
against
Allstate Insurance Company, Respondent.

Law Offices of Melissa Betancourt, P.C. (Melissa Betancourt, Esq.), for appellant. Law Offices of Peter C. Merani, P.C. (Josh Youngman, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Katherine A. Levine, J.), entered January 30, 2015. 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 affirmed, with $25 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 and denied plaintiff’s cross motion for summary judgment.

Plaintiff’s arguments in opposition to defendant’s motion for summary judgment are not properly before this court as they are being raised for the first time on appeal, and we decline to consider them (see Joe v Upper Room Ministries, Inc., 88 AD3d 963 [2011]; Gulf Ins. Co. v Kanen, 13 AD3d 579 [2004]; Mind & Body Acupuncture, P.C. v Elrac, Inc., 48 Misc 3d 139[A], 2015 NY Slip Op 51219[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]). Consequently, plaintiff has demonstrated no basis to disturb the order which granted defendant’s motion and denied plaintiff’s cross motion.

Accordingly, the order is affirmed.

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

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