Parisien v. 21st Century Ins. Co.

Appellate Terms of the Supreme Court of New York

Parisien v. 21st Century Ins. Co.

75 Misc. 3d 127(A), 2022 NY Slip Op 50362(U)

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 29, 2022

Docket2020-524 K C

StatusUnpublished

Cited by1 cases

This text of 75 Misc. 3d 127(A) (Parisien 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

Parisien v. 21st Century Ins. Co., 75 Misc. 3d 127(A), 2022 NY Slip Op 50362(U) (N.Y. Ct. App. 2022).

Pincite

Opinion

Parisien v 21st Century Ins. Co. (2022 NY Slip Op 50362(U)) [*1]

Parisien v 21st Century Ins. Co.

2022 NY Slip Op 50362(U) [75 Misc 3d 127(A)]

Decided on April 29, 2022

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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 29, 2022

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

PRESENT: : DONNA-MARIE E. GOLIA, J.P., WAVNY TOUSSAINT, CHEREÉ A. BUGGS, JJ
2020-524 K C

Jules Francois Parisien, M.D., as Assignee of Ranardo Bowen, 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 (Rosemarie Montalbano, J.), entered September 10, 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 modified by providing that defendant's motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without 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 on the ground that plaintiff's assignor had failed to appear for duly scheduled examinations under oath, and denied plaintiff's cross motion for summary judgment as untimely.

For the reasons stated in Pavlova, as Assignee of Bowen, Ranardo v 21st Century Ins. Co. (— Misc 3d — Misc , 2022 NY Slip Op — Misc [appeal No. 2020-537 K C], decided herewith), the order is modified by denying defendant's motion for summary judgment dismissing the complaint.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: April 29, 2022

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