October 11, 2016

Renelique v American Tr. Ins. Co. (2016 NY Slip Op 51546(U))

Headnote

The relevant facts considered by the court in the case of Renelique v American Tr. Ins. Co. were that the plaintiff, Pierre Jean Jacques Renelique, as assignee of Susan Santiago, was seeking to recover assigned first-party no-fault benefits from the defendant, American Transit Ins. Co. The main issue decided was whether the plaintiff's complaint was premature due to the failure to provide requested verification. The holding of the case was that the court reversed the order granting the defendant's motion for summary judgment dismissing the complaint, and denied the defendant's motion for summary judgment dismissing the complaint. The court's decision was based on reasoning similar to a related case and was concurred by Pesce, P.J., Aliotta and Solomon, JJ.

Reported in New York Official Reports at Renelique v American Tr. Ins. Co. (2016 NY Slip Op 51546(U))

Renelique v American Tr. Ins. Co. (2016 NY Slip Op 51546(U)) [*1]

Renelique v American Tr. Ins. Co.

2016 NY Slip Op 51546(U) [53 Misc 3d 143(A)]

Decided on October 11, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 11, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2014-1324 Q C

Pierre Jean Jacques Renelique, as Assignee of Susan Santiago, Appellant,
against
American Transit Ins. Co., 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 as premature because plaintiff had failed to provide requested verification.

For the reasons stated in Performance Plus Med., P.C., as Assignee of Melanna Luckie v Nationwide Ins. (___ Misc 3d ___, 2016 NY Slip Op ______ [appeal No. 2013-2766 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.

Decision Date: October 11, 2016