NEW HORIZON SURGICAL CENTER v. TRAVELERS INSURANCE (2019)

Supreme Court, Appellate Term, New York.

NEW HORIZON SURGICAL CENTER, L.L.C., as Assignee of Kelvyn Aguilar, Respondent, v. TRAVELERS INSURANCE, Appellant.

2016-2704 RI C

Decided: March 08, 2019

PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ

Law Offices of Aloy O. Ibuzor (Alla Peker of counsel), for appellant. Law Offices of Stephen A. Strauss, P.C. (Colleen M. Terry of counsel), for respondent.

ORDERED that the order, insofar as appealed from, is reversed, with $ 30 costs, and the branch of defendant's motion seeking summary judgment dismissing the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court as denied the branch of defendant's motion which had sought summary judgment dismissing the complaint on the ground that the action was premature because plaintiff had failed to provide requested verification.

For the reasons stated in New Horizon Surgical Ctr., L.L.C., as Assignee of Kelvyn Aguilar v. Travelers Ins. ( ––– Misc 3d ––––, 2019 NY Slip Op –––– [appeal No. 2016-2703 RI C], decided herewith), the order, insofar as appealed from, is reversed and the branch of defendant's motion seeking summary judgment dismissing the complaint is granted.

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

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