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.

Appellate Terms of the Supreme Court of New York·Decided March 17, 2016·No. 2016 NYSlipOp 50378(U)·Published

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

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

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

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

Pincite

Renelique v. New York Cent. Mut. Fire Ins. Co. (Renelique v. New York Cent. Mut. Fire Ins. Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related