Compas Med., P.C. v. Citiwide Auto Leasing

Full title: Compas Medical, P.C., as Assignee of Robinson, Anthony, Appellant, v…

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

Date published: Sep 22, 2017

2017 N.Y. Slip Op. 51242 (N.Y. App. Term 2017)

Opinion

2014-1807 Q C

09-22-2017

Compas Medical, P.C., as Assignee of Robinson, Anthony, Appellant, v. Citiwide Auto Leasing, Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Palmieri, Castiglione & Nightingale, P.C. (Michael S. Nightingale, 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.

Palmieri, Castiglione & Nightingale, P.C. (Michael S. Nightingale, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered July 21, 2014. 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, among others, that the claims at issue had been untimely submitted (see 11 NYCRR § 65-1.1).

Contrary to plaintiff's argument, the proof it submitted in opposition to defendant's motion was insufficient to raise a triable issue of fact as to whether the claims at issue had been timely mailed, as the affidavit of plaintiff's principal does not state that the claims were sent to defendant.

In light 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 22, 2017