December 19, 2017

Shirom Acupuncture, P.C. v 21st Century Natl. Ins. Co. (2017 NY Slip Op 51819(U))

Headnote

The court considered the fact that the defendant had fully paid the plaintiff for the services at issue in accordance with the workers' compensation fee schedule. The main issue decided was whether the proof submitted by the defendant was sufficient to establish the proper mailing of the denial of claim forms at issue. The court held that the proof submitted by the defendant was indeed sufficient to establish proper mailing, and that the plaintiff's remaining contention lacked merit. Therefore, the court affirmed the order granting the defendant's motion for summary judgment dismissing the complaint.

Reported in New York Official Reports at Shirom Acupuncture, P.C. v 21st Century Natl. Ins. Co. (2017 NY Slip Op 51819(U))

Shirom Acupuncture, P.C. v 21st Century Natl. Ins. Co. (2017 NY Slip Op 51819(U)) [*1]

Shirom Acupuncture, P.C. v 21st Century Natl. Ins. Co.

2017 NY Slip Op 51819(U) [58 Misc 3d 136(A)]

Decided on December 19, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 19, 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
2015-1076 K C

Shirom Acupuncture, P.C., as Assignee of Amalia Madera, Appellant,
against
21st Century National Ins. Co., Respondent.

Gary Tsirelman, P.C. (Douglas Mace, Esq.), for appellant. Law Offices of Buratti, Rothenberg & Burns (Kenneth F. Popper, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered January 12, 2015. The order granted defendant’s 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 appeals from an order of the Civil Court which granted defendant’s motion for summary judgment dismissing the complaint on the ground that it had fully paid plaintiff for the services at issue in accordance with the workers’ compensation fee schedule.

Contrary to plaintiff’s contention, the proof submitted by defendant was sufficient to establish the proper mailing of the denial of claim forms at issue (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]). Plaintiff’s remaining contention lacks merit.

Accordingly, the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: December 19, 2017