Renelique v. N.Y. Cent. Mut. Fire Ins. Co.

Full title: Pierre Jean Jacques RENELIQUE as Assignee of Mercedes Sandoval, Appellant…

Court: Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.

Date published: Mar 17, 2016

2016 N.Y. Slip Op. 50505 (N.Y. App. Term 2016)

2016 N.Y. Slip Op. 50378

36 N.Y.S.3d 409

Opinion

2013-1239 Q C

03-17-2016

Pierre Jean Jacques Renelique as Assignee of MERCEDES SANDOVAL, Appellant, v. New York Central Mutual Fire Insurance Company, Respondent.

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

PRESENT: :

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