October 25, 2019

Parisien v American Ind. Ins. Co. (2019 NY Slip Op 51745(U))

Headnote

The court considered a case in which an action was brought by a medical provider to recover assigned first-party no-fault benefits from an insurance company. The insurance company appealed from an order of the Civil Court denying its motion to dismiss the complaint. The main issue decided was whether the motion to dismiss should have been granted pursuant to CPLR 3211 (a) (8). The court held that, based on the reasons stated in a similar case, the order denying the motion to dismiss was reversed, and the insurance company's motion to dismiss the complaint was granted.

Reported in New York Official Reports at Parisien v American Ind. Ins. Co. (2019 NY Slip Op 51745(U))

Parisien v American Ind. Ins. Co. (2019 NY Slip Op 51745(U)) [*1]

Parisien v American Ind. Ins. Co.

2019 NY Slip Op 51745(U) [65 Misc 3d 144(A)]

Decided on October 25, 2019

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This opinion is uncorrected and will not be published in the printed Official Reports.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 25, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ
2018-58 K C

Jules Francois Parisien, M.D., as Assignee of Darwin, Ihuoma G., Respondent,
against
American Independent Ins. Co., Appellant.

Freiberg, Peck & Kang, LLP (Yilo J. Kang of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Louis L. Nock, J.), entered December 20, 2017. The order, insofar as appealed from, denied defendant’s motion to dismiss the complaint.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant’s motion to dismiss the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court as denied defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (8).

For the reasons stated in Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v American Ind. Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-2405 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant’s motion to dismiss the complaint is granted.

PESCE, P.J., ALIOTTA and SIEGAL, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: October 25, 2019