October 13, 2016

Renelique v National Liab. & Fire Ins. Co. (2016 NY Slip Op 51528(U))

Headnote

The court considered that the plaintiff, Pierre Jean Jacques Renelique, as the assignee of Rohan Streek, had moved for summary judgment to recover first-party no-fault benefits from the defendant, National Liability & Fire Insurance Company. However, the defendant had cross-moved for summary judgment to dismiss the complaint on the grounds that it had timely and properly denied the claim due to the assignor's failure to appear for scheduled independent medical examinations. The main issue decided was whether the defendant's denial of the claim based on the assignor's failure to appear for the examinations was valid. The court held that the denial was valid and affirmed the order, with costs. The decision was based on the same reasoning as another related case, Renelique v National Liab. & Fire Ins. Co., which was decided herewith.

Reported in New York Official Reports at Renelique v National Liab. & Fire Ins. Co. (2016 NY Slip Op 51528(U))

Renelique v National Liab. & Fire Ins. Co. (2016 NY Slip Op 51528(U)) [*1]

Renelique v National Liab. & Fire Ins. Co.

2016 NY Slip Op 51528(U) [53 Misc 3d 141(A)]

Decided on October 13, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 13, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2014-301 Q C

Pierre Jean Jacques Renelique, as Assignee of ROHAN STREEK, Appellant,
against
National Liability & Fire Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered December 11, 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, and defendant cross moved for summary judgment dismissing the complaint on the ground that it had timely and properly denied the claim at issue based upon the assignor’s failure to appear for duly scheduled independent medical examinations. The Civil Court denied plaintiff’s motion and granted defendant’s cross motion.

For the reasons stated in Renelique, as Assignee of Rohan Streek v National Liability & Fire Ins. Co. (____ Misc 3d ____, 2016 NY Slip Op ______ [appeal No. 2014-20 Q C], decided herewith), the order is affirmed.

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

Decision Date: October 13, 2016