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Lida's Med. Supply, Inc. v. Glob. Liberty Ins.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Oct 18, 2019
65 Misc. 3d 139 (N.Y. App. Term 2019)

Opinion

2017-2381 K C

10-18-2019

LIDA'S MEDICAL SUPPLY, INC., as Assignee of Johan Gaston, Respondent, v. GLOBAL LIBERTY INSURANCE, Appellant.

Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum of counsel), for appellant. Law Offices of Ilona Finkelshteyn, P.C. (Marina Josovich of counsel), for respondent.


Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum of counsel), for appellant.

Law Offices of Ilona Finkelshteyn, P.C. (Marina Josovich of counsel), for respondent.

PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ.

ORDERED that the judgment is reversed, with $30 costs, so much of the order entered May 10, 2017 as granted plaintiff's motion for summary judgment is vacated and plaintiff's motion for summary judgment is denied.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. By order entered May 10, 2017, the Civil Court granted plaintiff's motion. This appeal by defendant ensued. A judgment was subsequently entered on December 12, 2017, from which the appeal is deemed to have been taken (see CPLR 5501 [c] ).

Plaintiff's motion for summary judgment should have been denied as the proof submitted by plaintiff failed to establish that the claim had not been timely denied (see Viviane Etienne Med. Care, P.C. v. Country-Wide Ins. Co., 25 NY3d 498 [2015] ), or that defendant had issued a timely denial of claim form that was conclusory, vague or without merit as a matter of law (see Westchester Med. Ctr. v. Nationwide Mut. Ins. Co. , 78 AD3d 1168 [2010] ; Ave T MPC Corp. v. Auto One Ins. Co. , 32 Misc 3d 128[A], 2011 NY Slip Op. 51292[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2011] ).

Accordingly, the judgment is reversed, so much of the order entered May 10, 2017 as granted plaintiff's motion for summary judgment is vacated and plaintiff's motion for summary judgment is denied.

PESCE, P.J., ALIOTTA and SIEGAL, JJ., concur.


Summaries of

Lida's Med. Supply, Inc. v. Glob. Liberty Ins.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Oct 18, 2019
65 Misc. 3d 139 (N.Y. App. Term 2019)
Case details for

Lida's Med. Supply, Inc. v. Glob. Liberty Ins.

Case Details

Full title:Lida's Medical Supply, Inc., as Assignee of Johan Gaston, Respondent, v…

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

Date published: Oct 18, 2019

Citations

65 Misc. 3d 139 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 51691
119 N.Y.S.3d 371

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