Opinion
No. 2013–2371 Q C.
06-06-2016
DAILY MEDICAL EQUIPMENT DISTRIBUTION CENTER, INC., as Assignee of Frances McCown, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., Respondent.
Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered October 2, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is denied.
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 the action was premature because plaintiff had failed to provide requested verification. By order entered October 2, 2013, the Civil Court granted defendant's motion.
For the reasons stated in Great Health Care Chiropractic, P.C., as Assignee of Carlos Thomas v. Hereford Ins. Co. (––– Misc.3d ––––, 2016 N.Y. Slip Op ––– [appeal No.2013–1720 Q C], decided herewith), the order is reversed and defendant's motion for summary judgment is denied.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.