July 14, 2017

New Way Med. Supply Corp. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 50925(U))

Headnote

The court considered the fact that the plaintiff, New Way Medical Supply Corp., was appealing an order from the Civil Court of the City of New York that granted the defendant's motion for summary judgment, dismissing the complaint. The main issue decided was whether the action by the provider to recover assigned first-party no-fault benefits was premature, as the defendant had not received requested verification. The holding of the case was that the record demonstrated that the defendant had not received requested verification and, thus, the action was premature. The court affirmed the order granting the defendant's motion for summary judgment dismissing the complaint, with $25 costs.

Reported in New York Official Reports at New Way Med. Supply Corp. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 50925(U))

New Way Med. Supply Corp. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 50925(U)) [*1]

New Way Med. Supply Corp. v State Farm Mut. Auto. Ins. Co.

2017 NY Slip Op 50925(U) [56 Misc 3d 132(A)]

Decided on July 14, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 14, 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
2014-1228 K C

New Way Medical Supply Corp., as Assignee of Ladoseur, Blondine, Appellant,
against
State Farm Mutual Automobile Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Nicolini, Paradise, Ferretti & Sabella, PLLC (Francis J. Ammendolea, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Ingrid Joseph, J.), entered April 25, 2014. The order granted defendant’s motion for summary judgment dismissing the complaint.

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.

Contrary to plaintiff’s contention, the record demonstrates that defendant had not received requested verification and, thus, that the action is premature (see Central Suffolk Hosp. v New York Cent. Mut. Fire Ins. Co., 24 AD3d 492 [2005]). In opposition to defendant’s motion, plaintiff submitted an affidavit from plaintiff’s owner, in which he identified the documents that had been sent by plaintiff to defendant in response to defendant’s verification requests, which established that plaintiff had failed to send the requested verification. For example, plaintiff did not provide defendant with wholesale invoices for the equipment furnished by plaintiff even though these invoices were requested by defendant.

Accordingly, the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: July 14, 2017