November 21, 2016

M.H.Z. Physical Therapy, P.C. v Allstate Ins. Co. (2016 NY Slip Op 51701(U))

Headnote

The relevant facts considered by the court were that plaintiff was seeking to recover first-party no-fault benefits as an assignee of Kevindale Nurse. The main issue decided was whether defendant provided insurance coverage for the vehicle involved in the accident. The holding of the court was that defendant's affidavit demonstrated prima facie that plaintiff's claim did not arise out of a covered incident, and as plaintiff failed to raise a triable issue of fact, the court properly denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint. Therefore, the order was affirmed.

Reported in New York Official Reports at M.H.Z. Physical Therapy, P.C. v Allstate Ins. Co. (2016 NY Slip Op 51701(U))

M.H.Z. Physical Therapy, P.C. v Allstate Ins. Co. (2016 NY Slip Op 51701(U)) [*1]

M.H.Z. Physical Therapy, P.C. v Allstate Ins. Co.

2016 NY Slip Op 51701(U) [53 Misc 3d 151(A)]

Decided on November 21, 2016

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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 21, 2016

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

PRESENT: : WESTON, J.P., ALIOTTA and ELLIOT, JJ.
2014-2806 Q C

M.H.Z. Physical Therapy, P.C., as Assignee of Kevindale Nurse, Appellant,
against
Allstate Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered October 30, 2014. The order denied plaintiff’s motion for summary judgment and granted defendant’s cross 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 moved for summary judgment. Defendant opposed the motion and cross-moved for summary judgment dismissing the complaint on the ground that it did not provide insurance coverage for the vehicle in question on the date of the accident. By order entered October 30, 2014, the Civil Court denied plaintiff’s motion and granted defendant’s cross motion.

In support of its cross motion, and in opposition to plaintiff’s motion, defendant submitted an affidavit by its senior field support representative, who described the details of a record search which she had performed and stated that her search had revealed that there was no Allstate Insurance Company policy covering the subject vehicle in effect on the date of the accident. We find that defendant’s affidavit was sufficient to demonstrate, prima facie, that plaintiff’s claim did not arise out of a covered incident (see Central Gen. Hosp. v Chubb Group of Ins. Cos., 90 NY2d 195, 199 [1997]; Renelique v Allstate Ins. Co., 47 Misc 3d 140[A], 2015 NY Slip Op 50609[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]). Inasmuch as plaintiff failed to raise a triable issue of fact, the Civil Court properly denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint (see Zuckerman v City of New York, 49 NY2d 557 [1980]; Renelique v Allstate Ins. Co., 47 Misc 3d 140[A], 2015 NY Slip Op 50609[U]).

Accordingly, the order is affirmed.

Weston, J.P., Aliotta and Elliot, JJ., concur.

Decision Date: November 21, 2016