Summary
granting summary judgment on such claims
Summary of this case from Gov't Emps. Ins. Co. v. LandowOpinion
570014/18
09-17-2018
VILLAGE MEDICAL SUPPLY, INC. a/a/o Cindy Caspata, Plaintiff-Respondent, v. TRAVELERS PROPERTY CASUALTY INSURANCE COMPANY, Defendant-Appellant.
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.