ARIS DIAGNOSTIC MEDICAL PLLC v. AMERIPRISE INSURANCE COMPANY (2020)

Supreme Court, Appellate Term, New York.

ARIS DIAGNOSTIC MEDICAL, PLLC, as Assignee of Paul Villon, Respondent, v. AMERIPRISE INSURANCE COMPANY, Appellant.

2019-120 KC

Decided: November 13, 2020

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

Bruno, Gerbino. Soriano & Aitken, LLP (Nathan M. Shapiro of counsel), for appellant. Zara Javakov, P.C. (Zara Javakov of counsel), for respondent.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and plaintiff's cross motion for summary judgment is denied.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals, as limited by the brief, from so much of an order of the Civil Court as granted plaintiff's cross motion for summary judgment.

Upon a review of the record, we find that defendant demonstrated the existence of issues of fact as to whether a misrepresentation had been made to defendant in connection with the issuance of the subject insurance policy (see Matter of Insurance Co. of N. Am. v. Kaplun, 274 AD2d 293 [2000]) and, if such a misrepresentation was made, whether it was material (see Interboro Ins. Co. v. Fatmir, 89 AD3d 993 [2011]).

Accordingly, the order, insofar as appealed from, is reversed and plaintiff's cross motion for summary judgment is denied.

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

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