Opinion
2013-1755 Q C
06-03-2016
Pierre Jean Jacques Renelique, as Assignee of MERCEDES SANDOVAL, Appellant, v. New York Central Mutual Fire Insurance Company, Respondent.
PRESENT: :
Appeal from an order of the Civil Court of the City of New York, Queens County (Maureen A. Healy, J.), entered April 25, 2013. The order denied plaintiff's motion for summary judgment and granted defendant's cross 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 moved for summary judgment, and defendant cross-moved for summary judgment dismissing the complaint on the ground that it had timely and properly denied the claims based on plaintiff's assignor's failure to appear for independent medical examinations. The Civil Court denied plaintiff's motion and granted defendant's cross motion.
Contrary to plaintiff's contention on appeal, the affidavit submitted by defendant in support of its motion established the timely and proper mailing of the denial of claim form (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]). As plaintiff's remaining contentions are improperly raised for the first time on appeal and are speculative, the order is affirmed.
Pesce, P.J., Aliotta and Solomon, JJ., concur. Decision Date: June 03, 2016