October 11, 2016

TAM Med. Supply Corp. v American Tr. Ins. Co. (2016 NY Slip Op 51513(U))

Headnote

The relevant facts considered by the court in this case were that TAM Medical Supply Corp., as the assignee of Dor Guy Marcel, filed a motion for summary judgment to recover first-party no-fault benefits from American Transit Ins. Co. The court denied TAM Medical Supply Corp.'s motion for summary judgment and granted American Transit Ins. Co.'s cross motion for summary judgment dismissing the complaint on the basis that the action was premature due to TAM's failure to provide requested verification. The main issue decided in this case was whether the provider's action for no-fault benefits was premature due to failure to provide requested verification. The court ultimately held that the defendant's cross motion for summary judgment dismissing the complaint was denied, modifying the previous order to reflect this decision.

Reported in New York Official Reports at TAM Med. Supply Corp. v American Tr. Ins. Co. (2016 NY Slip Op 51513(U))

TAM Med. Supply Corp. v American Tr. Ins. Co. (2016 NY Slip Op 51513(U)) [*1]

TAM Med. Supply Corp. v American Tr. Ins. Co.

2016 NY Slip Op 51513(U) [53 Misc 3d 140(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This opinion is uncorrected and will not be published in the printed Official Reports.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.
2014-300 Q C

TAM Medical Supply Corp., as Assignee of Dor Guy Marcel, Appellant,
against
American Transit Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered December 19, 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 modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without 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 denied plaintiff’s motion for summary judgment, and granted defendant’s cross 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 modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied.

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

Decision Date: October 11, 2016