October 11, 2016

Arguelles, M.D., P.C. v American Tr. Ins. Co. (2016 NY Slip Op 51544(U))

Headnote

The relevant facts of the case include a dispute between Arguelles, M.D., P.C. as the assignee of Joseph Estimem, and American Transit Ins. Co. regarding the recovery of first-party no-fault benefits. Arguelles, M.D., P.C. appealed the denial of their motion seeking summary judgment on the second through sixth causes of action, while the defendant cross-moved for summary judgment dismissing those causes of action on the grounds that they were premature due to a failure to provide requested verification. The main issue decided by the court was whether the branches of the defendant's cross motion seeking summary judgment dismissing the second through sixth causes of action should be denied or granted. The holding was that the branches of defendant's cross motion seeking summary judgment dismissing the second through sixth causes of action were denied, and the order was affirmed without costs.

Reported in New York Official Reports at Arguelles, M.D., P.C. v American Tr. Ins. Co. (2016 NY Slip Op 51544(U))

Arguelles, M.D., P.C. v American Tr. Ins. Co. (2016 NY Slip Op 51544(U)) [*1]

Arguelles, M.D., P.C. v American Tr. Ins. Co.

2016 NY Slip Op 51544(U) [53 Misc 3d 143(A)]

Decided on October 11, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 11, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2014-833 Q C

Arguelles, M.D., P.C., as Assignee of Joseph Estimem, Appellant,
against
American Transit Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered March 26, 2014. The order, insofar as appealed from, denied the branches of plaintiff’s motion seeking summary judgment on the second through sixth causes of action and granted the branches of defendant’s cross motion seeking summary judgment dismissing those causes of action.

ORDERED that the order, insofar as appealed from, is modified by providing that the branches of defendant’s cross motion seeking summary judgment dismissing the second through sixth causes of action are denied; as so modified, the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from so much of an order of the Civil Court as denied the branches of plaintiff’s motion seeking summary judgment on the second through sixth causes of action, and granted the branches of defendant’s cross motion seeking summary judgment dismissing those causes of action on the ground that they were premature because plaintiff had failed to provide requested verification.

For the reasons stated in Performance Plus Med., P.C., as Assignee of Melanna Luckie v Nationwide Ins. (___ Misc 3d ___, 2016 NY Slip Op ______ [appeal No. 2013-2766 Q C], decided herewith), the order, insofar as appealed from, is modified by providing that the branches of defendant’s cross motion seeking summary judgment dismissing the second through sixth causes of action are denied.

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

Decision Date: October 11, 2016