Metropolitan Diagnostic Med. Care, P.C. v American Tr. Ins. Co.

[*1] Metropolitan Diagnostic Med. Care, P.C. v American Tr. Ins. Co. 2016 NY Slip Op 50699(U) Decided on April 25, 2016 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 25, 2016
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : ELLIOT, J.P., WESTON and SOLOMON, JJ.
2014-2033 K C

Metropolitan Diagnostic Medical Care, P.C., as Assignee of ANSEL LESLIE, Appellant,

against

American Transit Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Reginald A. Boddie, J.), entered August 12, 2014. The order, insofar as appealed from, denied plaintiff's motion for summary judgment.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

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

Plaintiff's contention that its motion for summary judgment should have been granted lacks merit. Plaintiff failed to establish its prima facie entitlement to judgment as a matter of law since it did not establish either that defendant had failed to deny the claim within the requisite 30-day period (see Viviane Etienne Med. Care, P.C. v Country-Wide Ins. Co., 25 NY3d 498 [2015]), or that defendant had issued a timely denial of claim that was conclusory, vague or without merit as a matter of law (see Westchester Med. Ctr. v Nationwide Mut. Ins. Co., 78 AD3d 1168 [2010]; Ave T MPC Corp. v Auto One Ins. Co., 32 Misc 3d 128[A], 2011 NY Slip Op 51292[U] [App Term, 2d Dept, 2d, 11th and 13th Jud Dists 2011]).

We decline defendant's request that we search the record and grant defendant summary judgment dismissing portions of each of plaintiff's claims.

Accordingly, the order, insofar as appealed from, is affirmed.

Elliot, J.P., Weston and Solomon, JJ., concur.

Decision Date: April 25, 2016