Long Is. Multi-Medicine Group, P.c. v Travelers Ins. Co.
Decided on January 8, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON PATTERSON, J.P., RIOS and STEINHARDT, JJ
2007-717 Q C.
Long Island Multi-Medicine Group, P.C. a/a/o SUMIRA LUND, Respondent,
Travelers Ins. Co., Appellant.
Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A.
Lebedeff, J.), entered March 8, 2007, deemed from a judgment of the same court entered April
26, 2007 (see CPLR 5501 [c]). The judgment, entered pursuant to the March 8, 2007 order
granting plaintiff's motion for summary judgment, awarded plaintiff the principal sum of
Judgment affirmed without costs.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved
for summary judgment. Defendant opposed the motion, contending, inter alia, that issues of fact
exist as to whether plaintiff timely submitted its claims to
defendant. The court granted plaintiff's motion for summary judgment, finding that defendant waived its defense of untimeliness, since defendant failed to advise plaintiff that the claim would be reconsidered upon a showing of impossibility to timely submit the claims. This appeal by defendant ensued.
The affidavit of defendant's claims representative submitted in opposition to plaintiff's motion, and the denial of claim forms annexed thereto, demonstrate that defendant denied a number of plaintiff's claims on the ground that they were not timely submitted (see generally Insurance Department Regulations [11 NYCRR] § 65.12). However, since none of the denial of claim forms correspond to the claim forms upon which plaintiff seeks summary judgment, defendant failed to establish that it timely denied the subject claims. As a result, defendant failed to raise a triable issue of fact with respect to the claims at issue (see Zuckerman v City of New York, 49 NY2d 557 ). Accordingly, the judgment is affirmed, albeit on other grounds. [*2]
Weston Patterson, J.P., Rios and Steinhardt, JJ., concur.
Decision Date: January 08, 2009