September 22, 2017

Greenway Med. Supply Corp. v Hartford Ins. Co. (2017 NY Slip Op 51262(U))

Headnote

The court considered the fact that in an action by a provider to recover assigned first-party no-fault benefits, the defendant had moved for summary judgment dismissing the complaint based upon the assignor's failure to appear for independent medical examinations. The main issue decided was whether the defendant's motion for summary judgment should be granted. The holding of the case was that the proof submitted by the defendant in support of its motion was sufficient to establish that the defendant had timely denied the claims at issue. As the plaintiff did not challenge the finding that the defendant was otherwise entitled to judgment, the defendant's motion for summary judgment dismissing the complaint was granted.

Reported in New York Official Reports at Greenway Med. Supply Corp. v Hartford Ins. Co. (2017 NY Slip Op 51262(U))

Greenway Med. Supply Corp. v Hartford Ins. Co. (2017 NY Slip Op 51262(U)) [*1]

Greenway Med. Supply Corp. v Hartford Ins. Co.

2017 NY Slip Op 51262(U) [57 Misc 3d 135(A)]

Decided on September 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 22, 2017

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN SOLOMON, JJ
2014-2234 K C

Greenway Medical Supply Corp., as Assignee of Cowan Janoi, Respondent,
against
Hartford Insurance Company, Appellant.

Nightingale Law, P.C. (Michael S. Nightingale, Esq.), for appellant. The Rybak Firm, PLLC (Oleg Rybak, Esq.), for respondent (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered August 18, 2014. The order, insofar as appealed from, denied defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant’s motion for summary judgment dismissing the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint based upon the assignor’s failure to appear for independent medical examinations. Insofar as is relevant to this appeal, the Civil Court denied defendant’s motion but held, in effect pursuant to CPLR 3212 (g), that, as to defendant, the only remaining issue for trial was the timely and proper mailing of the denial of claim forms.

The proof submitted by defendant in support of its motion was sufficient to establish that defendant had timely denied the claims at issue (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]). As plaintiff has not challenged the Civil Court’s finding, in effect, that defendant is otherwise entitled to judgment, defendant’s motion for summary judgment dismissing the complaint should have been granted.

Accordingly, the order, insofar as appealed from, is reversed and defendant’s motion for summary judgment dismissing the complaint is granted.

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

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