October 11, 2016

Renelique v Tri State Consumers Ins. Co. (2016 NY Slip Op 51536(U))

Headnote

The court considered the case of Pierre Jean Jacques Renelique, as the assignee of Sherita Johnson, who was appealing an order from the Civil Court of the City of New York, Queens County. The order granted the defendant's motion for summary judgment dismissing the complaint, stating that the action was premature because the plaintiff had failed to provide requested verification. However, the court reversed the order and denied the defendant's motion for summary judgment, citing a similar case as precedent. The main issue decided was whether the provider could recover assigned first-party no-fault benefits, and the holding of the court was that the defendant's motion for summary judgment was denied.

Reported in New York Official Reports at Renelique v Tri State Consumers Ins. Co. (2016 NY Slip Op 51536(U))

Renelique v Tri State Consumers Ins. Co. (2016 NY Slip Op 51536(U)) [*1]

Renelique v Tri State Consumers Ins. Co.

2016 NY Slip Op 51536(U) [53 Misc 3d 142(A)]

Decided on October 11, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 11, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2014-504 Q C

Pierre Jean Jacques Renelique, as Assignee of Sherita Johnson, Appellant,
against
Tri State Consumers Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered February 5, 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 was premature because plaintiff had failed to provide requested verification.

For the reasons stated in Performance Plus Med., P.C., as Assignee of Melanna Luckie v Nationwide Ins. (___ Misc 3d ___, 2016 NY Slip Op _____ [appeal No. 2013-2766 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.

Decision Date: October 11, 2016