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Amaze Med. Supply v. Allstate Ins. Co.

Appellate Term of the Supreme Court of New York, Second Department
Mar 26, 2004
2004 N.Y. Slip Op. 50211 (N.Y. App. Term 2004)

Opinion

2003-815 K C.

Decided March 26, 2004.

Appeal by plaintiff from an order of the Civil Court, Kings County (L. Baily-Schiffman, J), entered on April 9, 2003, which denied its motion for summary judgment.

Order unanimously reversed without costs, plaintiff's motion for summary judgment granted in the principal sum of $1,685.31 and matter remanded to the court below for a calculation of statutory interest and an assessment of attorney's fees.

PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.


Plaintiff instituted suit to recover first-party no-fault benefits for medical supplies it provided to the injured assignor. In our opinion, plaintiff established its prima facie entitlement to summary judgment by showing that it submitted complete proofs of claims to defendant which defendant did not pay or deny within 30 days (11 NYCRR 65.15 [g]; Amaze Med. Supply Inc. v. Eagle Ins. Co., NYLJ, Dec. 29, 2003 [App Term, 2d 11th Jud Dists]). Thus, pursuant to Presbyterian Hosp. in City of N.Y. v. Maryland Cas. Co. ( 90 NY2d 274, 285), the insurer is precluded from raising defenses such as lack of medical necessity ( see Mingmen Acupuncture v. Liberty Mutual, NYLJ, Apr. 10, 2002 [App Term, 2d 11th Jud Dists]). Accordingly, plaintiff was entitled to summary judgment ( Amaze Med. Supply Inc. v. Eagle Ins. Co., NYLJ, Dec. 29, 2003 [App Term, 2d 11th Jud Dists]).

The matter is accordingly remanded to the court below for a calculation of the statutory interest and an assessment of attorney's fees ( see Insurance Law § 5106 [a]; 11 NYCRR 65.15 [h]; 65.17 [b] [6]; St.Clare's Hosp. v. Allstate Ins. Co., 215 AD2d 641).


Summaries of

Amaze Med. Supply v. Allstate Ins. Co.

Appellate Term of the Supreme Court of New York, Second Department
Mar 26, 2004
2004 N.Y. Slip Op. 50211 (N.Y. App. Term 2004)
Case details for

Amaze Med. Supply v. Allstate Ins. Co.

Case Details

Full title:AMAZE MEDICAL SUPPLY INC. a/a/o Derrick Darlington, Appellant, v. ALLSTATE…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Mar 26, 2004

Citations

2004 N.Y. Slip Op. 50211 (N.Y. App. Term 2004)