October 11, 2016

Island Life Chiropractic, P.C. v American Tr. Ins. Co. (2016 NY Slip Op 51541(U))

Headnote

The relevant facts of the case were that Island Life Chiropractic, P.C. was seeking to recover first-party no-fault benefits as the assignee of Edison Bond, but the Civil Court denied their motion for summary judgment and granted the defendant's cross motion for summary judgment. The main issue decided was whether the action was premature due to the plaintiff's failure to provide requested verification. The holding of the case was that the defendant's cross motion for summary judgment dismissing the complaint was denied, and the order was affirmed with modification. The court found that the action was not premature and the plaintiff was entitled to pursue their claim for first-party no-fault benefits.

Reported in New York Official Reports at Island Life Chiropractic, P.C. v American Tr. Ins. Co. (2016 NY Slip Op 51541(U))

Island Life Chiropractic, P.C. v American Tr. Ins. Co. (2016 NY Slip Op 51541(U)) [*1]

Island Life Chiropractic, P.C. v American Tr. Ins. Co.

2016 NY Slip Op 51541(U) [53 Misc 3d 142(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This opinion is uncorrected and will not be published in the printed Official Reports.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.
2014-538 Q C

Island Life Chiropractic, P.C., as Assignee of Edison Bond, Appellant,
against
American Transit Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered February 24, 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 modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is 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 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 that the action was 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 is modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied.

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

Decision Date: October 11, 2016