October 11, 2016

LMS Acupuncture, P.C. v Nationwide Ins. (2016 NY Slip Op 51542(U))

Headnote

The court considered an appeal from an order of the Civil Court of the City of New York, Queens County, which granted defendant's motion for summary judgment dismissing the complaint by LMS Acupuncture, P.C., as Assignee of Jose Cajas, to recover assigned first-party no-fault benefits. The main issue decided was whether the action was premature because the plaintiff had failed to provide requested verification. The holding of the court was that the order was reversed and defendant's motion for summary judgment dismissing the complaint was denied. The court referenced another case, Performance Plus Med., P.C., as Assignee of Melanna Luckie v Nationwide Ins., and stated that for the reasons stated in that case, the defendant's motion for summary judgment dismissing the complaint was denied.

Reported in New York Official Reports at LMS Acupuncture, P.C. v Nationwide Ins. (2016 NY Slip Op 51542(U))

LMS Acupuncture, P.C. v Nationwide Ins. (2016 NY Slip Op 51542(U)) [*1]

LMS Acupuncture, P.C. v Nationwide Ins.

2016 NY Slip Op 51542(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This opinion is uncorrected and will not be published in the printed Official Reports.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.
2014-774 Q C

LMS Acupuncture, P.C., as Assignee of Jose Cajas, Appellant,
against
Nationwide Ins., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered March 17, 2014. The order granted defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant’s motion for summary judgment dismissing the complaint is denied.

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 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 reversed and defendant’s motion for summary judgment dismissing the complaint is denied.

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

Decision Date: October 11, 2016