October 11, 2016

Island Life Chiropractic, P.C. v Travelers Ins. Co. (2016 NY Slip Op 51511(U))

Headnote

In the case of Island Life Chiropractic, P.C. v Travelers Ins. Co., the court considered an appeal from an order of the Civil Court of the City of New York, Queens County, which had granted the defendant's motion for summary judgment in dismissing the complaint. The main issue decided was whether the action was premature because the plaintiff had failed to provide requested verification in a case to recover assigned first-party no-fault benefits. The court held that the defendant's proof was sufficient to demonstrate that the plaintiff had not provided the requested verification, and therefore, the action was premature. The court affirmed the order, stating that the defendant's motion for summary judgment had been granted correctly.

Reported in New York Official Reports at Island Life Chiropractic, P.C. v Travelers Ins. Co. (2016 NY Slip Op 51511(U))

Island Life Chiropractic, P.C. v Travelers Ins. Co. (2016 NY Slip Op 51511(U)) [*1]

Island Life Chiropractic, P.C. v Travelers Ins. Co.

2016 NY Slip Op 51511(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This opinion is uncorrected and will not be published in the printed Official Reports.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.
2014-277 Q C

Island Life Chiropractic, P.C., as Assignee of Karolane Jean Louis, Appellant,
against
Travelers 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 11, 2013. The order granted defendant’s 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 appeals from an order granting 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.

Contrary to plaintiff’s contentions, the proof submitted by defendant in support of its motion was sufficient to give rise to a presumption that the initial and follow-up verification requests had been properly mailed (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]), and to demonstrate that defendant had not received the requested verification and, thus, that plaintiff’s action is premature (see Central Suffolk Hosp. v New York Cent. Mut. Fire Ins. Co., 24 AD3d 492 [2005]). Plaintiff’s remaining contention lacks merit (see Rogy Med., P.C. v Clarendon Natl. Ins. Co., 43 Misc 3d 133[A], 2014 NY Slip Op 50629[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2014]).

Accordingly, the order is affirmed.

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

Decision Date: October 11, 2016