December 11, 2014

Foster Comprehensive Med., P.C. v Travelers Prop. Cas. Ins. Co. (2014 NY Slip Op 51786(U))

Headnote

The court considered whether the defendant had timely sent letters scheduling examinations under oath and whether the defendant had timely denied the plaintiff's claims. The main issues decided were whether the plaintiff had satisfied its prima facie burden and whether the defendant had presented any evidence at trial. The holding was that since the parties stipulated to plaintiff's prima facie case and the defendant failed to present any evidence, there was no basis to reverse the judgment, and the court affirmed the judgment in favor of the plaintiff.

Reported in New York Official Reports at Foster Comprehensive Med., P.C. v Travelers Prop. Cas. Ins. Co. (2014 NY Slip Op 51786(U))

Foster Comprehensive Med., P.C. v Travelers Prop. Cas. Ins. Co. (2014 NY Slip Op 51786(U)) [*1]

Foster Comprehensive Med., P.C. v Travelers Prop. Cas. Ins. Co.

2014 NY Slip Op 51786(U) [46 Misc 3d 127(A)]

Decided on December 11, 2014

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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 11, 2014

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2012-1380 K C

Foster Comprehensive Medical, P.C. as Assignee of CLIFF LAWRENCE, Respondent,
against
Travelers Property Casualty Insurance Company, Appellant.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Leonard Scholnick, J.H.O.), entered August 8, 2011. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $791.35.

ORDERED that the judgment is affirmed, with $25 costs.

At a nonjury trial of this action by a provider to recover assigned first-party no-fault benefits, the parties stipulated, among other things, that plaintiff had satisfied its prima facie burden. The sole issues before the Civil Court were whether defendant had timely sent letters scheduling examinations under oath and whether defendant had timely denied plaintiff’s claims. After counsel for the parties discussed the facts underlying the issues with the court, defense counsel did not call any witnesses. The court awarded judgment to plaintiff.

Inasmuch as the parties stipulated to plaintiff’s prima facie case and defendant failed to present any evidence, there is no basis to reverse the judgment (see Dilon Med. Supply Corp. v Travelers Ins. Co., 23 Misc 3d 132[A], 2009 NY Slip Op 50737[U] [App Term, 2d, 11th & 13th Jud Dists 2009]).

Accordingly, the judgment is affirmed.

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

Decision Date: December 11, 2014