Doctor Goldshteyn Chiropractic, P.C. v. Travelers Indem. Co.

• Court: Appellate Terms of the Supreme Court of New York
• Decided: December 19, 2017
• Docket: 2017 NYSlipOp 51816(U)
• Status: Published

Opinion

Doctor Goldshteyn Chiropractic, P.C., as Assignee of Paulette Saunders, Appellant,

against

Travelers Indemnity Co., Respondent.

Kopelevich & Feldsherova, P.C. (Galina Feldsherova, Esq.), for appellant. Law Offices of Aloy O. Ibuzor (Michael L. Rappaport, 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.

Contrary to plaintiff's contention, the record demonstrates that defendant did not receive requested verification and, thus, that the action is premature (see Central Suffolk Hosp. v New York Cent. Mut. Fire Ins. Co., 24 AD3d 492 [2005]). Indeed, on appeal, plaintiff notes that it had partially responded to defendant's verification requests.

Accordingly, the order is affirmed.

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

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