October 11, 2016

TAM Med. Supply Corp. v 21st Century Ins. Co. (2016 NY Slip Op 51509(U))

Headnote

The court considered that TAM Medical Supply Corp. was seeking to recover first-party no-fault benefits as the assignee of Arsene Macajoux. The main issue decided was whether the action was premature because the plaintiff had failed to provide requested verification. The holding of the court was that the order granting the defendant's motion for summary judgment dismissing the complaint was reversed and the defendant's motion for summary judgment dismissing the complaint was denied. The court's decision was based on a previous case, Mollo Chiropractic, PLLC, as Assignee of Miguel Concepcion v Farmington Cas. Co., and was made by Pesce, P.J., Aliotta, and Solomon, JJ.

Reported in New York Official Reports at TAM Med. Supply Corp. v 21st Century Ins. Co. (2016 NY Slip Op 51509(U))

TAM Med. Supply Corp. v 21st Century Ins. Co. (2016 NY Slip Op 51509(U)) [*1]

TAM Med. Supply Corp. v 21st Century Ins. Co.

2016 NY Slip Op 51509(U) [53 Misc 3d 139(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This opinion is uncorrected and will not be published in the printed Official Reports.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.
2014-272 Q C

TAM Medical Supply Corp., as Assignee of Arsene Macajoux, Appellant,
against
21st Century Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered November 21, 2013. 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, defendant moved for summary judgment dismissing the complaint on the ground that the action was premature because plaintiff had failed to provide requested verification. By order entered November 21, 2013, the Civil Court granted defendant’s motion.

For the reasons stated in Mollo Chiropractic, PLLC, as Assignee of Miguel Concepcion v Farmington Cas. Co. (___ Misc 3d ___, 2016 NY Slip Op ___ [appeal No. 2013-2574 K 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