October 5, 2016

Compas Med., P.C. v Travelers Ins. Co. (2016 NY Slip Op 51442(U))

Headnote

The court considered the fact that Compas Medical, P.C., as the assignee of Kevin Jacques, was seeking to recover first-party no-fault benefits from Travelers Insurance Company. The main issue decided was whether plaintiff had failed to provide requested verification, leading to the dismissal of the sixth through eighth causes of action. The holding of the case was that the order granting the branches of defendant's motion seeking summary judgment dismissing the sixth through eighth causes of action was affirmed, with $25 costs. The court referenced a previous case, Compas Med., P.C., as Assignee of Kevin Jacques v Travelers Ins. Co., in rendering its decision.

Reported in New York Official Reports at Compas Med., P.C. v Travelers Ins. Co. (2016 NY Slip Op 51442(U))

Compas Med., P.C. v Travelers Ins. Co. (2016 NY Slip Op 51442(U)) [*1]

Compas Med., P.C. v Travelers Ins. Co.

2016 NY Slip Op 51442(U) [53 Misc 3d 136(A)]

Decided on October 5, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 5, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2014-779 Q C

Compas Medical, P.C., as Assignee of KEVIN JACQUES, 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 March 18, 2014. The order, insofar as appealed from as limited by the brief, granted the branches of defendant’s motion seeking summary judgment dismissing the sixth through eighth causes of action.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals, as limited by its brief, from so much an order of the Civil Court as granted the branches of defendant’s motion seeking summary judgment dismissing the sixth through eighth causes of action on the ground that plaintiff had failed to provide requested verification.

For the reasons stated in Compas Med., P.C., as Assignee of Kevin Jacques v Travelers Ins. Co. (— Misc 3d —, 2016 NY Slip Op — [appeal No. 2014-766 Q C], decided herewith), the order, insofar as appealed from, is affirmed.

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

Decision Date: October 05, 2016