Home/Appellate Terms of the Supreme Court of New York/Domny Med. Servs., P.C. v. Travelers Ins. Co.

Domny Med. Servs., P.C. v. Travelers Ins. Co.

69 Misc. 3d 139(A), 2020 NY Slip Op 51328(U)
CourtAppellate Terms of the Supreme Court of New York
DecidedNovember 6, 2020
Docket2018-1758 K C
StatusUnpublished
Cited by2 cases

This text of 69 Misc. 3d 139(A) (Domny Med. Servs., P.C. v. Travelers Ins. Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Domny Med. Servs., P.C. v. Travelers Ins. Co., 69 Misc. 3d 139(A), 2020 NY Slip Op 51328(U) (N.Y. Ct. App. 2020).

Opinion

Domny Med. Servs., P.C. v Travelers Ins. Co. (2020 NY Slip Op 51328(U)) [*1]

Domny Med. Servs., P.C. v Travelers Ins. Co.
2020 NY Slip Op 51328(U) [69 Misc 3d 139(A)]
Decided on November 6, 2020
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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 6, 2020
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, BERNICE D. SIEGAL, JJ
2018-1758 K C

Domny Medical Services, P.C., as Assignee of Joseph, Jeanise, Appellant,

against

Travelers Insurance Company, Respondent.


The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Office of Aloy O. Ibuzor (Gregory W. Broido of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Rosemarie Montalbano, J.), entered June 21, 2018. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.

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 and denied plaintiff's cross motion for summary judgment.

Contrary to plaintiff's contentions on appeal, the record was sufficient to establish the proper mailing of the examination under oath scheduling letters to plaintiff's assignor and the denial of claim forms to plaintiff (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]).

Accordingly, the order is affirmed.

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


ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 6, 2020

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Bluebook (online)
69 Misc. 3d 139(A), 2020 NY Slip Op 51328(U), Counsel Stack Legal Research, https://law.counselstack.com/opinion/domny-med-servs-pc-v-travelers-ins-co-nyappterm-2020.