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Promed Orthocare Supply, Inc. v. AIG Advantage Ins. Co.

2015 N.Y. Slip Op. 51886 (N.Y. App. Term 2015)
Promed Orthocare Supply, Inc. v. AIG Advantage Ins. Co.

2 Citing cases

  1. Jamaica Wellness Med., P.C. v. Mercury Cas. Co.

    60 Misc. 3d 139 (N.Y. App. Term 2018)   Cited 3 times

    Upon a review of the record, we find that, as the March 23, 2016 Supreme Court order in the declaratory judgment action merely awarded a default judgment to Mercury against Jamaica's assignor, but did not declare the rights of Mercury as against Jamaica (seeHirsch v. Lindor Realty Corp. , 63 NY2d 878 [1984] ; Suburban Bindery Equip. Corp. v. Boston Old Colony Ins. Co. , 150 AD2d 767 [1989] ; Metro Health Prods., Inc. v. Nationwide Ins. , 48 Misc 3d 85 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015] ), the Supreme Court order cannot be considered a conclusive final determination of Jamaica's rights and, thus, can have no preclusive effect on the no-fault action at bar (seePromed Orthocare Supply, Inc. v. AIG Advantage Ins. Co. , 50 Misc 3d 128[A], 2015 NY Slip Op 51886[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]; cf.Vital Meridian Acupuncture, P.C. v. Republic W. Ins. Co. , 46 Misc 3d 147[A], 2015 NY Slip Op 50222[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]; EBM Med. Health Care, P.C. v. Republic W. Ins. , 38 Misc 3d 1 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2012] ). Consequently, the Civil Court should not have dismissed the complaint based on the Supreme Court order.

  2. Active Chiropractic, P.C. v. 21st Century Ins. Co.

    58 Misc. 3d 156 (N.Y. App. Term 2018)   Cited 2 times

    ssue on appeal with respect to plaintiff's establishment of its prima facie entitlement to summary judgment, we do not pass upon the propriety of the Civil Court's determination with respect thereto. With respect to defendant's cross motion, as the December 8, 2014 Supreme Court order in the declaratory judgment action merely granted the branch of defendant's motion for the entry of a default judgment against plaintiff and its assignor, but failed to make a statement declaring the rights of the parties involved (seeHirsch v. Lindor Realty Corp. , 63 NY2d 878, 881 [1984] ; Suburban Bindery Equip. Corp. v. Boston Old Colony Ins. Co. , 150 AD2d 767 [1989] ; Metro Health Prods., Inc. v. Nationwide Ins. , 48 Misc 3d 85 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015] ), the Supreme Court order cannot be considered a conclusive final determination and, thus, can have no preclusive effect in the action at bar (seePromed Orthocare Supply, Inc. v. AIG Advantage Ins. Co. , 50 Misc 3d 128[A], 2015 NY Slip Op. 51886[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]; cf.Vital Meridian Acupuncture, P.C. v. Republic W. Ins. Co. , 46 Misc 3d 147[A], 2015 NY Slip Op. 50222[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]; EBM Med. Health Care, P.C. v. Republic W. Ins. , 38 Misc 3d 1 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2012] ). Accordingly, the order is affirmed.