May 19, 2015

New York Diagnostic Med. Care, P.C. v Country-Wide Ins. Co. (2015 NY Slip Op 50814(U))

Headnote

The court considered the fact that New York Diagnostic Medical Care, P.C. was seeking to recover first-party no-fault benefits from Country-wide Insurance Company, but the action was deemed premature because the plaintiff had not provided verification as requested by the defendant. The main issue decided was whether the plaintiff adequately responded to the defendant's verification requests, and the court found that triable issues of fact existed, therefore neither party was entitled to summary judgment. The holding of the case was that the defendant's cross motion for summary judgment dismissing the complaint was denied, and the order was modified accordingly.

Reported in New York Official Reports at New York Diagnostic Med. Care, P.C. v Country-Wide Ins. Co. (2015 NY Slip Op 50814(U))

New York Diagnostic Med. Care, P.C. v Country-Wide Ins. Co. (2015 NY Slip Op 50814(U)) [*1]

New York Diagnostic Med. Care, P.C. v Country-Wide Ins. Co.

2015 NY Slip Op 50814(U) [47 Misc 3d 153(A)]

Decided on May 19, 2015

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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 19, 2015

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
&em;

New York Diagnostic Medical Care, P.C. as Assignee of CARLOS MARTINEZ, Appellant,
against
Country-wide Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered December 20, 2012. 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 not provided verification as requested by defendant.

A review of the record reveals that triable issues of fact exist, including whether plaintiff adequately responded to defendant’s verification requests. Consequently, neither party is entitled to summary judgment (see Zuckerman v City of New York, 49 NY2d 557 [1980]).

Accordingly, 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: May 19, 2015