October 13, 2016

Renelique v National Liab. & Fire Ins. Co. (2016 NY Slip Op 51524(U))

Headnote

The court considered a case in which Pierre Jean Jacques Renelique, as assignee of Rohan Streek, filed a motion for summary judgment to recover assigned first-party no-fault benefits, while the defendant, National Liability & Fire Insurance Company, cross-moved for summary judgment to dismiss the complaint based on the assignor's failure to appear for independent medical examinations (IMEs). The main issue was whether the defendant's submissions were sufficient to give rise to a presumption that the IME scheduling letters and denial of claim form had been properly mailed. The court held that the defendant's submissions were indeed sufficient to establish this presumption, and therefore affirmed the order denying plaintiff's motion for summary judgment and granting the defendant's cross motion.

Reported in New York Official Reports at Renelique v National Liab. & Fire Ins. Co. (2016 NY Slip Op 51524(U))

Renelique v National Liab. & Fire Ins. Co. (2016 NY Slip Op 51524(U)) [*1]

Renelique v National Liab. & Fire Ins. Co.

2016 NY Slip Op 51524(U) [53 Misc 3d 141(A)]

Decided on October 13, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 13, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2014-20 Q C

Pierre Jean Jacques Renelique, as Assignee of ROHAN STREEK, Appellant,
against
National Liability & Fire Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered December 10, 2013. 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, and defendant cross-moved for summary judgment dismissing the complaint on the ground that it had timely and properly denied the claim at issue based upon the assignor’s failure to appear for duly scheduled independent medical examinations (IMEs). The Civil Court denied plaintiff’s motion and granted defendant’s cross motion.

Contrary to plaintiff’s sole argument on appeal with respect to defendant’s cross motion, defendant’s submissions were sufficient to give rise to a presumption that the IME scheduling letters and the denial of claim form had been properly mailed (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]).

Accordingly, the order is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.

Decision Date: October 13, 2016