Renelique v. New York Cent. Mut. Fire Ins. Co.

Appellate Terms of the Supreme Court of New York

Renelique v. New York Cent. Mut. Fire Ins. Co.

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 17, 2016

Docket2016 NYSlipOp 50378(U)

StatusPublished

This text of Renelique v. New York Cent. Mut. Fire Ins. Co. (Renelique v. New York Cent. Mut. Fire 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

Renelique v. New York Cent. Mut. Fire Ins. Co., (N.Y. Ct. App. 2016).

Pincite

Opinion

Pierre Jean Jacques Renelique as Assignee of MERCEDES SANDOVAL, Appellant,

against

New York Central Mutual Fire Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered May 6, 2013. 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, defendant moved for summary judgment dismissing the complaint on the ground that it had timely and properly denied the claims based on plaintiff's assignor's failure to appear for independent medical examinations. The Civil Court granted defendant's motion.

Contrary to plaintiff's sole contention on appeal, the affidavit submitted by defendant in support of its motion established the timely and proper mailing of the denial of claim form (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 Elliot, JJ., concur.

Decision Date: March 17, 2016

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