April 13, 2017

Excel Surgery Ctr., L.L.C. v Travelers Prop. Cas. Ins. Co. (2017 NY Slip Op 50493(U))

Headnote

The relevant facts considered by the court in Excel Surgery Ctr., L.L.C. v Travelers Prop. Cas. Ins. Co. were that Excel Surgery Center, L.L.C., as assignee of Leslie Monroy, appealed an order by the District Court of Suffolk County granting Travelers Property Casualty Ins. Co.'s motion for summary judgment, which dismissed the complaint. The main issue decided was whether the action by the provider to recover assigned first-party no-fault benefits was premature due to the plaintiff's failure to provide all requested verification. The holding of the case was that the order was affirmed without costs, as the sole argument raised by the plaintiff on appeal was found to be unpreserved for appellate review, since it was not raised in the District Court. Therefore, the order granting defendant's motion for summary judgment dismissing the complaint was upheld.

Reported in New York Official Reports at Excel Surgery Ctr., L.L.C. v Travelers Prop. Cas. Ins. Co. (2017 NY Slip Op 50493(U))

Excel Surgery Ctr., L.L.C. v Travelers Prop. Cas. Ins. Co. (2017 NY Slip Op 50493(U)) [*1]

Excel Surgery Ctr., L.L.C. v Travelers Prop. Cas. Ins. Co.

2017 NY Slip Op 50493(U) [55 Misc 3d 135(A)]

Decided on April 13, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 13, 2017

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

PRESENT: : ANTHONY MARANO, P.J., ANGELA G. IANNACCI, JERRY GARGUILO, JJ.
2015-2230 S C

Excel Surgery Center, L.L.C., as Assignee of Leslie Monroy, Appellant,
against
Travelers Property Casualty Ins. Co., Respondent.

Gabriel & Shapiro, LLC (Steven F. Palumbo, Esq.), for appellant. Law Office of Aloy O. Ibuzor (William T. Angstreich, Esq.), for respondent.

Appeal from an order of the District Court of Suffolk County, Third District (C. Stephen Hackeling, J.), dated July 30, 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, defendant moved for summary judgment dismissing the complaint on the ground that the action is premature since plaintiff had not provided all of the requested verification. Plaintiff appeals from an order of the District Court which granted defendant’s motion.

The sole argument raised by plaintiff on appeal is unpreserved for appellate review, because plaintiff failed to raise the issue in the District Court (see Volunteer Fire Assn. of Tappan, Inc. v County of Rockland, 114 AD3d 935 [2014]; Peerless Ins. Co. v Casey, 194 AD2d 411 [1993]).

Accordingly, the order is affirmed.

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

Decision Date: April 13, 2017