August 11, 2017

Renelique v American Tr. Ins. Co. (2017 NY Slip Op 51031(U))

Headnote

The court considered an appeal from an order of the Civil Court of the City of New York, Queens County, which granted defendant's motion for summary judgment dismissing the complaint in an action by a provider to recover assigned first-party no-fault benefits. The main issue decided was whether the action was premature because the plaintiff had failed to provide requested verification. The holding of the court was that the order granting the defendant's motion for summary judgment was reversed, and the defendant's motion for summary judgment dismissing the complaint was denied. The court cited a similar case in its decision, stating that for the reasons stated in that case, the order was reversed. The justices concurred with the decision to reverse the order and deny the defendant's motion for summary judgment.

Reported in New York Official Reports at Renelique v American Tr. Ins. Co. (2017 NY Slip Op 51031(U))

Renelique v American Tr. Ins. Co. (2017 NY Slip Op 51031(U)) [*1]

Renelique v American Tr. Ins. Co.

2017 NY Slip Op 51031(U) [56 Misc 3d 137(A)]

Decided on August 11, 2017

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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 11, 2017

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
2014-1840 Q C

Pierre Jean Jacques Renelique as Assignee of Stephanie Rouse, Appellant,
against
American Transit Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered July 21, 2014. The order granted defendant’s motion for summary judgment dismissing the complaint.

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

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant’s motion for summary judgment dismissing the complaint on the ground that the action is premature because plaintiff had failed to provide requested verification.

For the reasons stated in Pierre Jean Jacques Renelique, as Assignee of Nathalia Brown v American Tr. Ins. Co. (___ Misc 3d ____, 2017 NY Slip Op ______ [appeal No. 2014-1538 Q C], decided herewith), the order is reversed and defendant’s motion for summary judgment dismissing the complaint is denied.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 11, 2017