AMERICAN KINETICS LAB INC v. GEICO GENERAL INSURANCE COMPANY (2022)

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant's cross motion for summary judgment dismissing the complaint is granted without prejudice.

In this action by a provider to recover assigned first-party no-fault benefits, in an order dated November 14, 2019, insofar as appealed from and as limited by the brief, the Civil Court denied defendant's cross motion for summary judgment dismissing the complaint.

The proof submitted by defendant in support of its cross motion for summary judgment established that defendant had timely mailed its initial and follow-up verification requests (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]) and that defendant had not received the requested verification. Plaintiff raised no triable of fact in opposition. Thus, the action is premature and the complaint must be dismissed without prejudice (see Central Suffolk Hosp. v New York Cent. Mut. Fire Ins. Co., 24 AD3d 492 [2005]; AOM Med. Supply, Inc. v Hereford Ins. Co., 69 Misc 3d 142[A], 2020 NY Slip Op 51366[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020]; Broadway Massage Therapy, P.C. v Citiwide Auto Leasing, 55 Misc 3d 132[A], 2017 NY Slip Op 50426[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017]).

Accordingly, the order, insofar as appealed from, is reversed and defendant's cross motion for summary judgment dismissing the complaint is granted without prejudice.

ALIOTTA, P.J., TOUSSAINT and BUGGS, JJ., concur.