October 27, 2017

Compas Med., P.C. v Allstate Ins. Co. (2017 NY Slip Op 51463(U))

Headnote

The main issue of the case was whether the defendant, Allstate Insurance Company, was entitled to summary judgment dismissing the complaint brought by Compas Medical, P.C. as the assignee of Joseph Raoul, to recover assigned first-party no-fault benefits. The court considered the affidavit submitted by the defendant in support of its motion and found that it did not sufficiently set forth a standard office practice or procedure that would ensure that the denial of claim forms had been timely mailed. As a result, the court reversed the order granting defendant's motion for summary judgment and denied the motion, holding that the defendant did not demonstrate its entitlement to judgment as a matter of law. The appellate term court found in favor of the appellant and ordered that the defendant's motion for summary judgment dismissing the complaint be denied.

Reported in New York Official Reports at Compas Med., P.C. v Allstate Ins. Co. (2017 NY Slip Op 51463(U))

Compas Med., P.C. v Allstate Ins. Co. (2017 NY Slip Op 51463(U)) [*1]

Compas Med., P.C. v Allstate Ins. Co.

2017 NY Slip Op 51463(U) [57 Misc 3d 146(A)]

Decided on October 27, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 27, 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
NO. 2014-2671 K C

Compas Medical, P.C., as Assignee of Joseph, Raoul, Appellant,
against
Allstate Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Law Offices of James F. Sullivan, P.C. (James F. Sullivan, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Ingrid Joseph, J.), entered September 11, 2014. The order granted defendant’s motion for summary judgment dismissing the complaint.

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

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.

Plaintiff correctly argues on appeal that the affidavit submitted by defendant in support of its motion did not sufficiently set forth a standard office practice or procedure that would ensure that defendant’s denial of claim forms had been timely mailed (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]). Thus, defendant did not demonstrate its entitlement to judgment as a matter of law.

Accordingly, the order is reversed and defendant’s motion for summary judgment dismissing the complaint is denied.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk
Decision Date: October 27, 2017