February 15, 2017

Advantage Radiology, P.C. v Nationwide Mut. Ins. Co. (2017 NY Slip Op 50268(U))

Headnote

The court considered the fact that Advantage Radiology, P.C. was seeking to recover assigned first-party no-fault benefits from Nationwide Mutual Insurance Company. The main issue decided was whether plaintiff had failed to provide requested verification, which led to the defendant's motion for summary judgment dismissing the complaint. The holding of the case was that the court affirmed the order granting the defendant's motion for summary judgment dismissing the complaint, based on the grounds that the plaintiff had failed to provide the requested verification. The decision was made on February 15, 2017 by the Appellate Term, Second Department.

Reported in New York Official Reports at Advantage Radiology, P.C. v Nationwide Mut. Ins. Co. (2017 NY Slip Op 50268(U))

Advantage Radiology, P.C. v Nationwide Mut. Ins. Co. (2017 NY Slip Op 50268(U)) [*1]

Advantage Radiology, P.C. v Nationwide Mut. Ins. Co.

2017 NY Slip Op 50268(U) [54 Misc 3d 145(A)]

Decided on February 15, 2017

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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 15, 2017

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

PRESENT: : MARANO, P.J., GARGUILO and BRANDS, JJ.
2015-2361 S C

Advantage Radiology, P.C., as Assignee of REBECCA NAHUM, Appellant,
against
Nationwide Mutual Insurance Company, Respondent.

Appeal from an order of the District Court of Suffolk County, Third District (C. Stephen Hackeling, J.), dated September 16, 2015. The order granted defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the District Court which granted defendant’s motion for summary judgment dismissing the complaint on the ground that plaintiff had failed to provide requested verification.

For the reasons stated in Advantage Radiology P.C., as Assignee of Sofia Dana v Nationwide Mut. Ins. Co. (___ Misc 3d ___, 2017 NY Slip Op ____ [appeal No. 2015-2123 S C], decided herewith), the order is affirmed.

Marano, P.J., Garguilo and Brands, JJ., concur.

Decision Date: February 15, 2017