JOA CHIROPRACTIC v. HEREFORD INS CO (2022)

Supreme Court, Appellate Term, New York,

JOA CHIROPRACTIC, P.C., as Assignee of Adel Saleh, Respondent, v. HEREFORD INS. CO., Appellant.

2019-1052 K C

Decided: June 17, 2022

PRESENT: THOMAS P. ALIOTTA, P.J., DONNA-MARIE E. GOLIA, CHEREÉ A. BUGGS, JJ.

Goldberg, Miller & Rubin, P.C. (Timothy Bishop of counsel), for appellant. Gary Tsirelman, P.C. (Douglas Mace of counsel), for respondent.

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court denying defendant's motion which had sought summary judgment dismissing the complaint on the ground that the action is premature, as plaintiff failed to respond to defendant's timely requests for additional verification.

Defendant's motion was properly denied, as defendant failed to establish, prima facie, that its requests for additional verification were proper, since defendant's letters to plaintiff, which were submitted in support of the motion, merely stated that defendant was waiting for specified documents without actually requesting verification from plaintiff (see Clear Water Psychological Servs., P.C. v Hereford Ins. Co., 68 Misc 3d 127[A], 2020 NY Slip Op 50847[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020]).

Consequently, we do not reach the merits of defendant's other arguments on appeal.

Accordingly, the order is affirmed.

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

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