Compas Med., P.C. v. Hartford Ins. Co.

• Court: Appellate Terms of the Supreme Court of New York
• Decided: July 21, 2017
• Docket: 2017 NYSlipOp 50953(U)
• Status: Published

Opinion

Compas Medical, P.C., as Assignee of Cowan, Janoi, Appellant,

against

Hartford Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Miller, Leiby & Associates, P.C. (Stacia Ury, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered April 24, 2014. The order denied plaintiff's motion for summary judgment and granted defendant's cross 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 moved for summary judgment, and defendant cross-moved for summary judgment dismissing the complaint on the ground that it had timely and properly denied the claim at issue based upon the assignor's failure to appear for duly scheduled independent medical examinations. The Civil Court denied plaintiff's motion and granted defendant's cross motion.

Contrary to plaintiff's sole argument on appeal with respect to defendant's cross motion, defendant's submissions were sufficient to give rise to a presumption that the denial of claim forms had been timely and properly mailed (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]).

Accordingly, the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: July 21, 2017