October 11, 2016

Laga v Hereford Ins. Co. (2016 NY Slip Op 51543(U))

Headnote

The court considered the fact that this was an action by a healthcare provider to recover no-fault benefits and that the defendant had filed a motion for summary judgment to dismiss the complaint on the grounds that the action was premature due to lack of requested verification. The main issue decided was whether the plaintiff's failure to provide requested verification made the action premature and therefore subject to dismissal. The holding of the court was that, in line with a similar decision in another case, the defendant's motion for summary judgment was denied and the order granting it was reversed, allowing the plaintiff's complaint to proceed.

Reported in New York Official Reports at Laga v Hereford Ins. Co. (2016 NY Slip Op 51543(U))

Laga v Hereford Ins. Co. (2016 NY Slip Op 51543(U)) [*1]

Laga v Hereford Ins. Co.

2016 NY Slip Op 51543(U) [53 Misc 3d 142(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This opinion is uncorrected and will not be published in the printed Official Reports.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.
2014-792 Q C

Adelaida M. Laga, PT, as Assignee of Junior Nervil, Appellant,
against
Hereford Insurance Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered March 24, 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 was 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