March 16, 2015

Alleviation Med. Servs., P.C. v Geico Ins. Co. (2015 NY Slip Op 50396(U))

Headnote

The relevant facts the court considered in this case were that the plaintiff, Alleviation Medical Services, P.C., was seeking to recover first-party no-fault benefits from the defendant, Geico Ins. Co., as an assignee of Rayvon Freeman. The main issue decided was whether the plaintiff was entitled to summary judgment in their favor. The court held that the plaintiff's motion for summary judgment was properly denied, as their papers failed to establish that the defendant had failed to pay or deny the claim within the required 30-day period, as mandated by Insurance Law. Additionally, the court found that the plaintiff had not proven that the defendant issued a timely denial of claim that was conclusory, vague, or without merit as a matter of law. Therefore, the court affirmed the lower court's decision to deny plaintiff's motion for summary judgment.

Reported in New York Official Reports at Alleviation Med. Servs., P.C. v Geico Ins. Co. (2015 NY Slip Op 50396(U))

Alleviation Med. Servs., P.C. v Geico Ins. Co. (2015 NY Slip Op 50396(U)) [*1]

Alleviation Med. Servs., P.C. v Geico Ins. Co.

2015 NY Slip Op 50396(U) [47 Misc 3d 128(A)]

Decided on March 16, 2015

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This opinion is uncorrected and will not be published in the printed Official Reports.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 16, 2015

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2012-2344 K C

Alleviation Medical Services, P.C. as Assignee of RAYVON FREEMAN, Appellant,
against
Geico Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Reginald A. Boddie, J.), entered September 20, 2012. The order denied plaintiff’s motion for summary judgment.

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 of the Civil Court which denied plaintiff’s unopposed motion for summary judgment. We affirm.

Plaintiff’s moving papers failed to establish either that defendant had failed to pay or deny the claim within the requisite 30-day period (see Insurance Law § 5106 [a]; Viviane Etienne Med. Care, P.C. v Country-Wide Ins. Co., 114 AD3d 33 [2013]), or that defendant had issued a timely denial of claim that was conclusory, vague or without merit as a matter of law (see Westchester Med. Ctr. v Nationwide Mut. Ins. Co., 78 AD3d 1168 [2010]; Ave T MPC Corp. v Auto One Ins. Co., 32 Misc 3d 128[A], 2011 NY Slip Op 51292[U] [App Term, 2d, 11th & 13th Jud Dists 2011]). Thus, contrary to plaintiff’s argument on appeal, the Civil Court properly found that plaintiff had failed to establish its entitlement to summary judgment.

Accordingly, the order is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: March 16, 2015