March 17, 2016

Renelique v New York Cent. Mut. Fire Ins. Co. (2016 NY Slip Op 50378(U))

Headnote

The relevant facts considered by the court in this case were that the plaintiff, as the assignee of Mercedes Sandoval, was seeking to recover first-party no-fault benefits from the defendant, New York Central Mutual Fire Insurance Company. The defendant had moved for summary judgment to dismiss the complaint, arguing that it had timely and properly denied the claims due to the plaintiff's assignor's failure to appear for independent medical examinations. The main issue decided by the court was whether the defendant had properly and timely denied the claims based on the assignor's failure to appear for these examinations. The holding of the court was that the defendant had indeed established the timely and proper mailing of the denial of claim form, and as a result, the order granting the defendant's motion for summary judgment dismissing the complaint was affirmed.

Reported in New York Official Reports at Renelique v New York Cent. Mut. Fire Ins. Co. (2016 NY Slip Op 50378(U))

Renelique v New York Cent. Mut. Fire Ins. Co. (2016 NY Slip Op 50378(U)) [*1]

Renelique v New York Cent. Mut. Fire Ins. Co.

2016 NY Slip Op 50378(U) [51 Misc 3d 128(A)]

Decided on March 17, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 17, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and ELLIOT, JJ.
&em;

Pierre Jean Jacques Renelique as Assignee of MERCEDES SANDOVAL, Appellant,
against
New York Central Mutual Fire Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered May 6, 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, defendant moved for summary judgment dismissing the complaint on the ground that it had timely and properly denied the claims based on plaintiff’s assignor’s failure to appear for independent medical examinations. The Civil Court granted defendant’s motion.

Contrary to plaintiff’s sole contention on appeal, the affidavit submitted by defendant in support of its motion established the timely and proper mailing of the denial of claim form (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]). Accordingly, the order is affirmed.

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

Decision Date: March 17, 2016