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New Way Med. Supply Corp. v. State Farm Mut. Auto. Ins. Co.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Jul 14, 2017
2017 N.Y. Slip Op. 50925 (N.Y. App. Term 2017)

Opinion

2014-1228 K C

07-14-2017

New Way Medical Supply Corp., as Assignee of Ladoseur, Blondine, Appellant, v. State Farm Mutual Automobile Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Nicolini, Paradise, Ferretti & Sabella, PLLC (Francis J. Ammendolea, Esq.), for respondent.


PRESENT: :

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

Nicolini, Paradise, Ferretti & Sabella, PLLC (Francis J. Ammendolea, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Ingrid Joseph, J.), entered April 25, 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, plaintiff appeals from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint.

Contrary to plaintiff's contention, the record demonstrates that defendant had not received requested verification and, thus, that the action is premature (see Central Suffolk Hosp. v New York Cent. Mut. Fire Ins. Co., 24 AD3d 492 [2005]). In opposition to defendant's motion, plaintiff submitted an affidavit from plaintiff's owner, in which he identified the documents that had been sent by plaintiff to defendant in response to defendant's verification requests, which established that plaintiff had failed to send the requested verification. For example, plaintiff did not provide defendant with wholesale invoices for the equipment furnished by plaintiff even though these invoices were requested by defendant.

Accordingly, the order is affirmed.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur. ENTER: Paul Kenny Chief Clerk Decision Date: July 14, 2017


Summaries of

New Way Med. Supply Corp. v. State Farm Mut. Auto. Ins. Co.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Jul 14, 2017
2017 N.Y. Slip Op. 50925 (N.Y. App. Term 2017)
Case details for

New Way Med. Supply Corp. v. State Farm Mut. Auto. Ins. Co.

Case Details

Full title:New Way Medical Supply Corp., as Assignee of Ladoseur, Blondine…

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

Date published: Jul 14, 2017

Citations

2017 N.Y. Slip Op. 50925 (N.Y. App. Term 2017)
61 N.Y.S.3d 191

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