June 3, 2016

Harvard Med., P.C. v Tri State Consumers Ins. Co. (2016 NY Slip Op 50860(U))

Headnote

The court considered the facts of the case, which involved Harvard Medical, P.C. seeking to recover assigned first-party no-fault benefits from Tri State Consumers Ins. Co. The main issue decided was whether the defendant had fully paid the plaintiff in accordance with the workers' compensation fee schedule. The court granted the defendant's motion for summary judgment, dismissing the complaint. The holding of the case was that the order granting the defendant's motion for summary judgment was affirmed. The decision was based on the reasons stated in another case, Renelique, as Assignee of Yvon Delgado v Tri State Consumers Ins. Co., which was decided at the same time.

Reported in New York Official Reports at Harvard Med., P.C. v Tri State Consumers Ins. Co. (2016 NY Slip Op 50860(U))

Harvard Med., P.C. v Tri State Consumers Ins. Co. (2016 NY Slip Op 50860(U)) [*1]

Harvard Med., P.C. v Tri State Consumers Ins. Co.

2016 NY Slip Op 50860(U) [51 Misc 3d 151(A)]

Decided on June 3, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 3, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-1427 K C

Harvard Medical, P.C., as Assignee of LENFORD CARTY, Appellant,
against
Tri State Consumers Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered April 12, 2013. The order granted defendant’s 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, defendant moved for summary judgment dismissing the complaint, arguing that it had fully paid plaintiff in accordance with the workers’ compensation fee schedule. The Civil Court granted defendant’s motion.

For the reasons stated in Renelique, as Assignee of Yvon Delgado v Tri State Consumers Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op ___ [appeal No. 2013-1709 Q C], decided herewith), the order is affirmed.

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

Decision Date: June 03, 2016