April 16, 2015

Renelique v Allstate Ins. Co. (2015 NY Slip Op 50609(U))

Headnote

The court considered that the plaintiff, Pierre Jean Jacques Renelique, had filed a motion for summary judgement to recover first-party no-fault benefits which was opposed by the defendant, Allstate Insurance Company. The defendant argued that they did not provide insurance coverage for the vehicle in question on the date of the accident. The court found that the defendant's affidavit was sufficient to demonstrate that the plaintiff's claim did not arise out of a covered incident, and as the plaintiff failed to raise a triable issue of fact, the Civil Court correctly denied the plaintiff's motion and granted the defendant's cross motion for summary judgement. Therefore, the holding of the case was that the order denying the plaintiff's motion and granting the defendant's cross motion for summary judgement was affirmed.

Reported in New York Official Reports at Renelique v Allstate Ins. Co. (2015 NY Slip Op 50609(U))

Renelique v Allstate Ins. Co. (2015 NY Slip Op 50609(U)) [*1]

Renelique v Allstate Ins. Co.

2015 NY Slip Op 50609(U) [47 Misc 3d 140(A)]

Decided on April 16, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 16, 2015

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

PRESENT: : ALIOTTA, J.P., SOLOMON and ELLIOT, JJ.
2013-1882 Q C

Pierre Jean Jacques Renelique as Assignee of JOHN DEVIN, Appellant,
against
Allstate Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered July 31, 2013. 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 affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. Defendant opposed the motion and cross-moved for summary judgment dismissing the complaint on the ground that defendant did not provide insurance coverage for the vehicle in question on the date of the accident at issue. By order entered July 31, 2013, the Civil Court denied plaintiff’s motion and granted defendant’s cross motion.

In support of its cross motion and in opposition to plaintiff’s motion, defendant submitted an affidavit by its employee, who described the details of a record search which she had performed and stated that her search had revealed that there was no Allstate Insurance Company policy in effect on the date of the accident in question. We find that defendant’s affidavit was sufficient to demonstrate, prima facie, that plaintiff’s claim did not arise out of a covered incident (see Central Gen. Hosp. v Chubb Group of Ins. Cos., 90 NY2d 195, 199 [1997]). As plaintiff failed to raise a triable issue of fact, the Civil Court properly denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint (see Zuckerman v City of New York, 49 NY2d 557 [1980]).

Accordingly, the order is affirmed.

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

Decision Date: April 16, 2015