September 15, 2017

Compas Med., P.C. v American Tr. Ins. Co. (2017 NY Slip Op 51191(U))

Headnote

The court considered an appeal from an order by the Civil Court denying the plaintiff's motion for summary judgment and granting the defendant's cross motion for summary judgment dismissing the complaint in a dispute over first-party no-fault benefits. The main issue decided was whether the defendant had received timely notice of the accident, as required by 11 NYCRR 65-1.1 (d). The court held that the defendant had not received timely notice of the accident, as proven by the evidence submitted by the defendant and not rebutted by the plaintiff. Therefore, the court affirmed the order, ruling in favor of the defendant and dismissing the complaint.

Reported in New York Official Reports at Compas Med., P.C. v American Tr. Ins. Co. (2017 NY Slip Op 51191(U))

Compas Med., P.C. v American Tr. Ins. Co. (2017 NY Slip Op 51191(U)) [*1]

Compas Med., P.C. v American Tr. Ins. Co.

2017 NY Slip Op 51191(U) [57 Misc 3d 130(A)]

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This opinion is uncorrected and will not be published in the printed Official Reports.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

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
2014-1826 Q C

Compas Medical, P.C., as Assignee of Grandoit, Andre, Appellant,
against
American Transit Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered June 30, 2014. The order denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint.

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 motion for summary judgment, and granted defendant’s cross motion for summary judgment dismissing the complaint on the ground, among others, that defendant had not received timely notice of the accident (see 11 NYCRR 65-1.1 [d]).

Contrary to plaintiff’s argument on appeal, the proof submitted by defendant established that it had not received timely notice of the accident, which proof was not rebutted by plaintiff.

In view of the foregoing, plaintiff’s remaining arguments are academic.

Accordingly, the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: September 15, 2017