November 6, 2020

Domny Med. Servs., P.C. v Travelers Ins. Co. (2020 NY Slip Op 51328(U))

Headnote

The relevant facts that the court considered were that Domny Medical Services, P.C. was seeking to recover assigned first-party no-fault benefits, and the defendant, Travelers Insurance Company, had moved for summary judgment to dismiss the complaint, which was granted. The court also considered that plaintiff's cross motion for summary judgment was denied. The main issue decided was whether the record was sufficient to establish the proper mailing of the examination under oath scheduling letters to plaintiff's assignor and the denial of claim forms to plaintiff. The holding of the case was that the order granting defendant's motion for summary judgment and dismissing the complaint, while denying plaintiff's cross motion for summary judgment, was affirmed.

Reported in New York Official Reports at Domny Med. Servs., P.C. v Travelers Ins. Co. (2020 NY Slip Op 51328(U))

Domny Med. Servs., P.C. v Travelers Ins. Co. (2020 NY Slip Op 51328(U)) [*1]

Domny Med. Servs., P.C. v Travelers Ins. Co.

2020 NY Slip Op 51328(U) [69 Misc 3d 139(A)]

Decided on November 6, 2020

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This opinion is uncorrected and will not be published in the printed Official Reports.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 6, 2020

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

PRESENT: : THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, BERNICE D. SIEGAL, JJ
2018-1758 K C

Domny Medical Services, P.C., as Assignee of Joseph, Jeanise, Appellant,
against
Travelers Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Office of Aloy O. Ibuzor (Gregory W. Broido of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Rosemarie Montalbano, J.), entered June 21, 2018. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment.

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 granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment.

Contrary to plaintiff’s contentions on appeal, the record was sufficient to establish the proper mailing of the examination under oath scheduling letters to plaintiff’s assignor and the denial of claim forms to plaintiff (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]).

Accordingly, the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 6, 2020