August 11, 2017

TAM Med. Supply Corp. v American Tr. Ins. Co. (2017 NY Slip Op 51025(U))

Headnote

The court considered an appeal from an order of the Civil Court which granted the defendant's motion for summary judgment dismissing the complaint brought by TAM Medical Supply Corp., as Assignee of Mussenden, Sheldon. The order was granted on the ground that the action was premature because plaintiff had failed to provide requested verification. The main issue decided was whether the action was premature due to the plaintiff's failure to provide requested verification. The holding of the case was that the order granting the defendant's motion for summary judgment was reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint was denied.

Reported in New York Official Reports at TAM Med. Supply Corp. v American Tr. Ins. Co. (2017 NY Slip Op 51025(U))

TAM Med. Supply Corp. v American Tr. Ins. Co. (2017 NY Slip Op 51025(U)) [*1]

TAM Med. Supply Corp. v American Tr. Ins. Co.

2017 NY Slip Op 51025(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2014-1584 Q C

TAM Medical Supply Corp., as Assignee of Musseden, Sheldon, 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 (Richard G. Latin, J.), entered June 13, 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 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