Madison Prods. of USA, Inc. v. 21st Century Ins. Co.

Appellate Terms of the Supreme Court of New York

Madison Prods. of USA, Inc. v. 21st Century Ins. Co.

71 Misc. 3d 138(A), 2021 NY Slip Op 50446(U)

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 14, 2021

Docket2019-675 K C

StatusUnpublished

Cited by2 cases

This text of 71 Misc. 3d 138(A) (Madison Prods. of USA, Inc. v. 21st Century 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

Madison Prods. of USA, Inc. v. 21st Century Ins. Co., 71 Misc. 3d 138(A), 2021 NY Slip Op 50446(U) (N.Y. Ct. App. 2021).

Pincite

Opinion

Madison Prods. of USA, Inc. v 21st Century Ins. Co. (2021 NY Slip Op 50446(U)) [*1]

Madison Prods. of USA, Inc. v 21st Century Ins. Co.

2021 NY Slip Op 50446(U) [71 Misc 3d 138(A)]

Decided on May 14, 2021

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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 14, 2021

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ
2019-675 K C

Madison Products of USA, Inc., as Assignee of Barnes, Omari, Appellant,

against

21st Century Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Offices of Buratti, Rothenberg & Burns (Konstantinos Tsirkas of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Cenceria P. Edwards, J.), entered March 12, 2019. 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 granting defendant's motion for summary judgment dismissing the complaint and denying plaintiff's cross motion for summary judgment.

Contrary to plaintiff's sole contention on appeal with respect to defendant's motion, defendant established that the examination under oath scheduling letters had been timely mailed (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]; City Anesthesia Healthcare, P.C. v Erie Ins. Co. of NY, 70 Misc 3d 141[A], 2021 NY Slip Op 50135[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2021]; 11 NYCRR 65-3.5 [a], [d]; Appendix 13).

Accordingly, the order is affirmed.

ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: May 14, 2021

Free access — add to your briefcase to read the full text and ask questions with AI

Madison Prods. of USA, Inc. v 21st Century Ins. Co. (2021 NY Slip Op 50446(U)) [*1]

Madison Prods. of USA, Inc. v 21st Century Ins. Co.

2021 NY Slip Op 50446(U) [71 Misc 3d 138(A)]

Decided on May 14, 2021

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 May 14, 2021

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ
2019-675 K C

Madison Products of USA, Inc., as Assignee of Barnes, Omari, Appellant,

against

21st Century Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Offices of Buratti, Rothenberg & Burns (Konstantinos Tsirkas of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Cenceria P. Edwards, J.), entered March 12, 2019. 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 granting defendant's motion for summary judgment dismissing the complaint and denying plaintiff's cross motion for summary judgment.

Contrary to plaintiff's sole contention on appeal with respect to defendant's motion, defendant established that the examination under oath scheduling letters had been timely mailed (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]; City Anesthesia Healthcare, P.C. v Erie Ins. Co. of NY, 70 Misc 3d 141[A], 2021 NY Slip Op 50135[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2021]; 11 NYCRR 65-3.5 [a], [d]; Appendix 13).

Accordingly, the order is affirmed.

ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: May 14, 2021

Cite This Page — Counsel Stack

Bluebook (online)

71 Misc. 3d 138(A), 2021 NY Slip Op 50446(U), Counsel Stack Legal Research, https://law.counselstack.com/opinion/madison-prods-of-usa-inc-v-21st-century-ins-co-nyappterm-2021.

Opinion

Related

Cite This Page — Counsel Stack