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Heights Medical Care, P.C., A/A/O Marvin Edmonds v. New York Central Mutual Fire Insurance Company

New York Supreme and/or Appellate Courts Appellate Term, First Department


December 23, 2011

HEIGHTS MEDICAL CARE, P.C., A/A/O MARVIN EDMONDS,
PLAINTIFF-RESPONDENT,
v.
NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY,
DEFENDANT-APPELLANT.

Per curiam.

Heights Med. Care, P.C. v New York Cent. Mut. Fire Ins. Co.

2011 NY Slip Op 52326(U)

Decided on December 23, 2011

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This opinion is uncorrected and will not be published in the printed Official Reports.

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Lowe, III, P.J., Shulman, Torres, JJ

Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Mitchell J. Danziger, J.), dated December 3, 2010, which denied its motion for summary judgment dismissing the complaint.

Order (Mitchell J. Danziger, J.), dated December 3, 2010, modified to grant defendant's motion for summary judgment dismissing plaintiff's claim in the sum of $395.69; as modified, order affirmed, without costs.

Defendant demonstrated its entitlement to summary judgment dismissing plaintiff's assigned first-party no-fault claim in the sum of $395.69, it being undisputed on this record that plaintiff failed to respond to defendant's timely and proper verification request made in connection with this claim (see 11 NYCRR 65-3.8[b][3]; St. Vincent Med. Care, P.C. v Country Wide Ins. Co., 80 AD3d 599, 600 [2011]; Hospital for Joint Diseases v New York Cent. Mut. Fire Ins. Co., 44 AD3d 903, 904 [2007]). We agree that plaintiff's remaining no-fault claims are not ripe for summary disposition, since there exist triable issues with respect to defendant's verification and fraud defenses.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: December 23, 2011

20111223

© 1992-2011 VersusLaw Inc.



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