Home/Appellate Terms of the Supreme Court of New York/Veraso Med. Supply Corp. v. 21st Century Ins. Co.

Veraso Med. Supply Corp. v. 21st Century Ins. Co.

CourtAppellate Terms of the Supreme Court of New York
DecidedNovember 23, 2018
Docket2018 NYSlipOp 51698(U)
StatusPublished

This text of Veraso Med. Supply Corp. v. 21st Century Ins. Co. (Veraso Med. Supply Corp. 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
Veraso Med. Supply Corp. v. 21st Century Ins. Co., (N.Y. Ct. App. 2018).

Opinion



Veraso Medical Supply Corp., as Assignee of Connor, John, Appellant,

against

21st Century Insurance Company, Respondent.


The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Offices of Bryan M. Rothenberg (Sharon A. Brennan of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Katherine A. Levine, J.), entered March 10, 2016. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order is modified by providing that defendant's cross 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 denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint on the ground that plaintiff's assignor had failed to appear for examinations under oath.

For the reasons stated in Veraso Med. Supply Corp., as Assignee of Connor, John v 21st Century Ins. Co. (___ Misc 3d ____, 2018 NY Slip Op _____ [appeal No. 2016-1141 K C], decided herewith), the order is modified by providing that defendant's cross motion for summary judgment dismissing the complaint is denied.

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


ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 23, 2018

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

Cite This Page — Counsel Stack

Bluebook (online)
Veraso Med. Supply Corp. v. 21st Century Ins. Co., Counsel Stack Legal Research, https://law.counselstack.com/opinion/veraso-med-supply-corp-v-21st-century-ins-co-nyappterm-2018.