Village Med. Supply, Inc. v. Travelers Prop. Cas. Ins. Co.

Appellate Terms of the Supreme Court of New York

Village Med. Supply, Inc. v. Travelers Prop. Cas. Ins. Co.

CourtAppellate Terms of the Supreme Court of New York

DecidedSeptember 17, 2018

Docket2018 NYSlipOp 51311(U)

StatusPublished

This text of Village Med. Supply, Inc. v. Travelers Prop. Cas. Ins. Co. (Village Med. Supply, Inc. v. Travelers Prop. Cas. 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

Village Med. Supply, Inc. v. Travelers Prop. Cas. Ins. Co., (N.Y. Ct. App. 2018).

Pincite

Opinion

Village Medical Supply, Inc. a/a/o Cindy Caspata, Plaintiff-Respondent,

against

Travelers Property Casualty Insurance Company, Defendant-Appellant.

Defendant, as limited by its brief, appeals from an order of the Civil Court of the City of New York, New York County (Erika M. Edwards, J.), entered June 1, 2016, which denied its motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Erika M. Edwards, J.), entered June 1, 2016, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

Defendant-insurer established its prima facie entitlement to summary judgment dismissing the underlying first-party no-fault claims as premature, since the record conclusively establishes that plaintiff failed to respond to timely requests for verification (see St. Vincent Med. Care, P.C. v. Country Wide Ins. Co., 80 AD3d 599, 600 [2011]). No triable issue was raised by plaintiff's claim that defendant had no "good reason" (11 NYCRR 65-3.2[c]) for its verification request for a manufacturer's invoice documenting the cost of the supplies provided to the assignor (see New Way Med. Supply Corp. v State Farm Mut. Auto Ins. Co., 56 Misc 3d 132[A], 2017 NY Slip Op 50925[U] [App Term 2d, 11th and 13th Jud Dists 2017]; see also 12 NYCRR 442.2[a]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: September 17, 2018

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

Village Medical Supply, Inc. a/a/o Cindy Caspata, Plaintiff-Respondent,

against

Travelers Property Casualty Insurance Company, Defendant-Appellant.

Defendant, as limited by its brief, appeals from an order of the Civil Court of the City of New York, New York County (Erika M. Edwards, J.), entered June 1, 2016, which denied its motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Erika M. Edwards, J.), entered June 1, 2016, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

Defendant-insurer established its prima facie entitlement to summary judgment dismissing the underlying first-party no-fault claims as premature, since the record conclusively establishes that plaintiff failed to respond to timely requests for verification (see St. Vincent Med. Care, P.C. v. Country Wide Ins. Co., 80 AD3d 599, 600 [2011]). No triable issue was raised by plaintiff's claim that defendant had no "good reason" (11 NYCRR 65-3.2[c]) for its verification request for a manufacturer's invoice documenting the cost of the supplies provided to the assignor (see New Way Med. Supply Corp. v State Farm Mut. Auto Ins. Co., 56 Misc 3d 132[A], 2017 NY Slip Op 50925[U] [App Term 2d, 11th and 13th Jud Dists 2017]; see also 12 NYCRR 442.2[a]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: September 17, 2018

Cite This Page — Counsel Stack

Bluebook (online)

Village Med. Supply, Inc. v. Travelers Prop. Cas. Ins. Co., Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-med-supply-inc-v-travelers-prop-cas-ins-co-nyappterm-2018.

Opinion

Related

Cite This Page — Counsel Stack