May 3, 2019

Solution Bridge, Inc. v Nationwide Ins. (2019 NY Slip Op 50689(U))

Headnote

The appellant in this case, Solution Bridge, Inc., was seeking to recover assigned first-party no-fault benefits from the respondent, Nationwide Ins. The Civil Court granted the defendant's motion for summary judgment dismissing the complaint on the grounds that the plaintiff had failed to provide requested verification. However, the appellant argued that the affidavit it submitted in opposition to the defendant's motion was sufficient to give rise to a presumption that the requested verification had been mailed to and received by the defendant, creating a triable issue of fact. The appellate court reversed the order, finding that the affidavit was sufficient evidence and that there was a triable issue of fact as to whether the verification had been provided. As a result, the defendant's motion for summary judgment dismissing the complaint was denied and the order was reversed.

Reported in New York Official Reports at Solution Bridge, Inc. v Nationwide Ins. (2019 NY Slip Op 50689(U))

Solution Bridge, Inc. v Nationwide Ins. (2019 NY Slip Op 50689(U)) [*1]

Solution Bridge, Inc. v Nationwide Ins.

2019 NY Slip Op 50689(U) [63 Misc 3d 146(A)]

Decided on May 3, 2019

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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 3, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2017-311 K C

Solution Bridge, Inc., as Assignee of Akosah, Stephanie, Appellant,
against
Nationwide Ins., Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Richard J. Montelione, J.), entered September 7, 2016. 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 plaintiff had failed to provide requested verification.

Plaintiff correctly argues that the affidavit it submitted in opposition to defendant’s motion was sufficient to give rise to a presumption that the requested verification had been mailed to, and received by, defendant (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]) and thus that there is a triable issue of fact as to whether the verification had been provided.

Accordingly, the order is reversed and defendant’s motion for summary judgment dismissing the complaint is denied.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: May 03, 2019