August 11, 2017

Renelique v American Tr. Ins. Co. (2017 NY Slip Op 51027(U))

Headnote

The relevant facts of the case involved Pierre Jean Jacques Renelique, as the assignee of Williams, Rennie, appealing from an order of the Civil Court of the City of New York, Queens County, which granted the defendant's motion for summary judgment dismissing the complaint. The main issue decided in this case was whether the action by a provider to recover assigned first-party no-fault benefits was premature because the plaintiff had failed to provide requested verification. The holding of the case was that the order granting the defendant's motion for summary judgment was reversed, and the defendant's motion for summary judgment dismissing the complaint was denied. The court found that for the reasons stated in Pierre Jean Jacques Renelique, as the Assignee of Nathalia Brown v American Tr. Ins. Co., the complaint should not be dismissed.

Reported in New York Official Reports at Renelique v American Tr. Ins. Co. (2017 NY Slip Op 51027(U))

Renelique v American Tr. Ins. Co. (2017 NY Slip Op 51027(U)) [*1]

Renelique v American Tr. Ins. Co.

2017 NY Slip Op 51027(U) [56 Misc 3d 137(A)]

Decided on August 11, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 11, 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
2014-1603 Q C

Pierre Jean Jacques Renelique, as Assignee of Williams, Rennie, Appellant,
against
American Transit Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered May 23, 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 on the ground that the action is premature because plaintiff had failed to provide requested verification.

For the reasons stated in Pierre Jean Jacques Renelique, as Assignee of Nathalia Brown v American Tr. Ins. Co. (___ Misc 3d ____, 2017 NY Slip Op ______ [appeal No. 2014-1538 Q C], decided herewith), 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: August 11, 2017