September 12, 2007

Multiquest, P.L.L.C. v Allstate Ins. Co. (2007 NY Slip Op 51737(U))

Headnote

The court considered the fact that the plaintiff brought the action to recover $1,340.30 in assigned first-party no-fault benefits, and that the defendant moved for summary judgment, which was denied. The main issue decided was whether the denial of the defendant's motion for summary judgment was proper, and the holding of the case was that the order denying the motion should be modified by providing that the motion is denied without prejudice to renewal upon proper papers. The court affirmed the order without costs, and the decision was made on September 12, 2007.

Reported in New York Official Reports at Multiquest, P.L.L.C. v Allstate Ins. Co. (2007 NY Slip Op 51737(U))

Multiquest, P.L.L.C. v Allstate Ins. Co. (2007 NY Slip Op 51737(U)) [*1]

Multiquest, P.L.L.C. v Allstate Ins. Co.

2007 NY Slip Op 51737(U) [16 Misc 3d 137(A)]

Decided on September 12, 2007

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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 12, 2007

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., RIOS and BELEN, JJ
2006-622 Q C.

Multiquest, P.L.L.C. a/a/o Elena Lapshinoss, Respondent,
against
Allstate Insurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (Joseph Esposito, J.), entered December 6, 2005. The order denied defendant’s motion for summary judgment.

Order modified by providing that the motion is denied without prejudice to renewal upon proper papers; as so modified, affirmed without costs.

Plaintiff brought the instant action to recover $1,340.30 in assigned first-party no-fault benefits. Defendant moved for summary judgment and the court denied the motion for failure to support it with a copy of the pleadings, a ground not raised by plaintiff. In our opinion, the order should be modified as indicated above for the reasons set forth in Multiquest, P.L.L.C. v Allstate Ins. Co. ( Misc 3d , 2007 NY Slip Op [No. 2006-312 Q C], decided herewith).

Pesce, P.J., Rios and Belen, JJ., concur.
Decision Date: September 12, 2007