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Parisien v. Nationwide Ins.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Dec 6, 2019
65 Misc. 3d 158 (N.Y. App. Term 2019)

Opinion

2018-1579 K C

12-06-2019

Jules Francois PARISIEN, M.D., as Assignee of Gaddy, Matthew L., Appellant, v. NATIONWIDE INS., Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Office of Kevin J. Philbin (Kevon Lewis of counsel), for respondent.


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

Law Office of Kevin J. Philbin (Kevon Lewis of counsel), for respondent.

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

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 and denied plaintiff's cross motion for summary judgment.

Contrary to plaintiff's sole appellate argument with respect to defendant's motion for summary judgment, the proof submitted by defendant in support of its motion was sufficient to give rise to a presumption that the denial of claim forms had been properly mailed (see St. Vincent's Hosp. of Richmond v. Government Empls. Ins. Co. , 50 AD3d 1123 [2008] ).

Accordingly, the order is affirmed.

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


Summaries of

Parisien v. Nationwide Ins.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Dec 6, 2019
65 Misc. 3d 158 (N.Y. App. Term 2019)
Case details for

Parisien v. Nationwide Ins.

Case Details

Full title:Jules Francois Parisien, M.D., as Assignee of Gaddy, Matthew L.…

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

Date published: Dec 6, 2019

Citations

65 Misc. 3d 158 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 51980
119 N.Y.S.3d 813