October 11, 2016

TAM Med. Supply Corp. v American Tr. Ins. Co. (2016 NY Slip Op 51507(U))

Headnote

The court considered the case of TAM Medical Supply Corp. v American Transit Ins. Co., in which the plaintiff, TAM Medical Supply Corp., sought to recover assigned first-party no-fault benefits. The Civil Court denied the plaintiff's motion for summary judgment and granted the defendant's cross motion for summary judgment, dismissing the complaint on the basis that the action was premature due to the plaintiff's failure to provide requested verification. The main issue decided was whether the plaintiff's failure to provide requested verification rendered the action premature. The holding of the case was that the defendant's cross motion for summary judgment dismissing the complaint was denied, as the court found that the action was not premature due to the failure to provide requested verification. Therefore, the court modified the order to provide that the defendant's motion for summary judgment was denied.

Reported in New York Official Reports at TAM Med. Supply Corp. v American Tr. Ins. Co. (2016 NY Slip Op 51507(U))

TAM Med. Supply Corp. v American Tr. Ins. Co. (2016 NY Slip Op 51507(U)) [*1]

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

2016 NY Slip Op 51507(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This opinion is uncorrected and will not be published in the printed Official Reports.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.
2014-270 Q C

TAM Medical Supply Corp., as Assignee of Dorian Wood, 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, by order entered December 19, 2013, the Civil Court 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 TAM Med. Supply Corp., as Assignee of Shameca Dudley v National Liab. & Fire Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op ____ [appeal No. 2014-269 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