November 16, 2018

All Healthy Style Med., P.C. v Ameriprise Ins. Co. (2018 NY Slip Op 51650(U))

Headnote

The main issue in the case was whether the defendant's motion for summary judgment dismissing the complaint should be granted due to the plaintiff's assignor making a material misrepresentation about his place of residence in procuring the insurance policy in question. The court considered the facts surrounding the assignment of first-party no-fault benefits and the circumstances of the assignor's procurement of the insurance policy. The holding of the court was that the order granting the defendant's motion for summary judgment dismissing the complaint was reversed. The court determined that the plaintiff's assignor did not make a material misrepresentation as to his place of residence, and therefore, the defendant's motion for summary judgment dismissing the complaint was denied.

Reported in New York Official Reports at All Healthy Style Med., P.C. v Ameriprise Ins. Co. (2018 NY Slip Op 51650(U))

All Healthy Style Med., P.C. v Ameriprise Ins. Co. (2018 NY Slip Op 51650(U)) [*1]

All Healthy Style Med., P.C. v Ameriprise Ins. Co.

2018 NY Slip Op 51650(U) [61 Misc 3d 143(A)]

Decided on November 16, 2018

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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 16, 2018

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2016-1525 K C

All Healthy Style Medical, P.C., Also Known as All Healthy Style, P.C., as Assignee of Carlos Canela, Appellant,
against
Ameriprise Ins. Co., Respondent.

Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Bruno, Gerbino & Soriano, LLP (Nathan M. Shapiro of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered May 11, 2016. The order granted defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant’s motion for summary judgment dismissing the complaint is denied.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant’s motion for summary judgment dismissing the complaint upon the ground that plaintiff’s assignor had procured the insurance policy in question by making a material misrepresentation as to his place of residence.

For the reasons stated in Liliya Veksler, LCSW, P.C. v Ameriprise Ins. Co. (59 Misc 3d 145[A], 2018 NY Slip Op 50741[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2018]), the order is reversed and defendant’s motion for summary judgment dismissing the complaint is denied.

PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 16, 2018