August 11, 2017

Chapa Prods. Corp. v Progressive Ins. Co. (2017 NY Slip Op 51026(U))

Headnote

The court considered the appeal from an order of the Civil Court which granted the defendant's motion for summary judgment dismissing the complaint in an action to recover assigned first-party no-fault benefits. The main issue decided was whether the action was premature because the plaintiff had failed to provide requested verification. The court reversed the order and denied the defendant's motion for summary judgment dismissing the complaint, citing a related case for the reasons stated in that decision. The holding of the case was that the defendant's motion for summary judgment dismissing the complaint was denied, and the order was reversed.

Reported in New York Official Reports at Chapa Prods. Corp. v Progressive Ins. Co. (2017 NY Slip Op 51026(U))

Chapa Prods. Corp. v Progressive Ins. Co. (2017 NY Slip Op 51026(U)) [*1]

Chapa Prods. Corp. v Progressive Ins. Co.

2017 NY Slip Op 51026(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2014-1590 Q C

Chapa Products Corp., as Assignee of Maribel Minaya, Appellant,
against
Progressive Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. McCormack & Mattei, P.C. for respondent, (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered June 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