Compas Med., P.C. v. Am. Transit Ins. Co.

Full title: Compas Medical, P.C., as Assignee of Grandoit, Andre, Appellant, v…

Court: SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

Date published: Sep 15, 2017

2017 N.Y. Slip Op. 51191 (N.Y. App. Term 2017)

66 N.Y.S.3d 652

Opinion

2014-1826 Q C

09-15-2017

Compas Medical, P.C., as Assignee of Grandoit, Andre, Appellant, v. American Transit Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum, Esq.), for respondent.

MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ

PRESENT: :

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant.

Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered June 30, 2014. The order denied plaintiff's motion for summary judgment and granted defendant's cross 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, plaintiff appeals from an order of the Civil Court which denied plaintiff's motion for summary judgment, and granted defendant's cross motion for summary judgment dismissing the complaint on the ground, among others, that defendant had not received timely notice of the accident (see 11 NYCRR 65-1.1 [d]).

Contrary to plaintiff's argument on appeal, the proof submitted by defendant established that it had not received timely notice of the accident, which proof was not rebutted by plaintiff.

In view of the foregoing, plaintiff's remaining arguments are academic.

Accordingly, the order is affirmed.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur. ENTER: Paul Kenny Chief Clerk Decision Date: September 15, 2017