AOM MEDICAL SUPPLY INC v. HEREFORD INSURANCE CO (2020)

Supreme Court, Appellate Term, New York,

AOM MEDICAL SUPPLY, INC., as Assignee of Jean Noel, Appellant, v. HEREFORD INSURANCE CO., Respondent.

2018-2228 K C

Decided: November 13, 2020

PRESENT: : THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, BERNICE D. SIEGAL, JJ

Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Goldberg, Miller & Rubin, P.C. (Timothy Bishop of counsel), for respondent.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint on the ground that defendant properly denied the claims at issue based upon plaintiff's failure to provide requested verification within 120 days after the initial verification request (see 11 NYCRR 65-3.8 [b] [3]; 65-3.5 [o] ). By order entered October 15, 2018, the Civil Court granted defendant's motion to the extent of dismissing the complaint without prejudice. Plaintiff appeals.

Contrary to plaintiff's contention, defendant demonstrated, prima facie, that it had not received all of the requested verification. As the order appealed from dismissed the complaint without prejudice (see Central Suffolk Hosp. v New York Cent. Mut. Fire Ins. Co., 24 AD3d 492 [2005]), plaintiff's remaining contention is academic.

Accordingly, the order, insofar as appealed from, is affirmed.

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

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