September 27, 2016

Raymond Semente, D.C., P.C. v Geico Gen. Ins. Co. (2016 NY Slip Op 51426(U))

Headnote

The court considered an appeal from an order of the Civil Court that had granted the plaintiff's motion for summary judgment. The main issue that was decided was whether the plaintiff had demonstrated its prima facie entitlement to summary judgment in an action to recover assigned first-party no-fault benefits. The court ultimately held that the plaintiff had failed to demonstrate its entitlement to summary judgment, as the affidavit submitted in support of its motion did not establish that the claim at issue had not been timely denied, or that the defendant had issued a timely denial of claim that was conclusory, vague, or without merit as a matter of law. Therefore, the order granting summary judgment to the plaintiff was reversed and the plaintiff's motion for summary judgment was denied.

Reported in New York Official Reports at Raymond Semente, D.C., P.C. v Geico Gen. Ins. Co. (2016 NY Slip Op 51426(U))

Raymond Semente, D.C., P.C. v Geico Gen. Ins. Co. (2016 NY Slip Op 51426(U)) [*1]

Raymond Semente, D.C., P.C. v Geico Gen. Ins. Co.

2016 NY Slip Op 51426(U) [53 Misc 3d 134(A)]

Decided on September 27, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 27, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2014-858 Q C

Raymond Semente, D.C., P.C., as Assignee of KERSTAN PRINGLE, Respondent,
against
Geico General Insurance Co., Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered February 21, 2014. The order granted plaintiff’s motion for summary judgment.

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

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court which granted plaintiff’s motion for summary judgment.

Plaintiff failed to demonstrate its prima facie entitlement to summary judgment, as the affidavit plaintiff submitted in support of its motion failed to establish that the claim at issue had not been timely denied (see Viviane Etienne Med. Care, P.C. v Country-Wide Ins. Co., 25 NY3d 498 [2015]), or that defendant had issued a timely denial of claim that was conclusory, vague or without merit as a matter of law (see Westchester Med. Ctr. v Nationwide Mut. Ins. Co., 78 AD3d 1168 [2010]; Ave T MPC Corp. v Auto One Ins. Co., 32 Misc 3d 128[A], 2011 NY Slip Op 51292[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2011]).

Accordingly, the order is reversed and plaintiff’s motion for summary judgment is denied.

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

Decision Date: September 27, 2016