Enko Enters. Intl., Inc. v Clarendon Natl. Ins. Co.
Annotate this CaseDecided on December 30, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Shulman, JJ
570736/09.
Enko Enterprises International, Inc., a/a/o Pena Felix, Plaintiff-Respondent,
against
Clarendon National Insurance Company, Defendant-Appellant.
Defendant, as limited by its brief, appeals from that portion of an order of the Civil Court of
the City of New York, Bronx County (Raul Cruz, J.), entered March 18, 2009, which denied its
motion for summary judgment dismissing the complaint.
Per Curiam.
Order (Raul Cruz, J.), entered March 18, 2009, insofar as appealed from, reversed, without costs, defendant's motion for summary judgment granted, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.
Defendant-insurer made a prima facie showing of entitlement to judgment as a matter of law
dismissing the complaint, which asserted claims to recover assigned first-party no-fault benefits.
Defendant demonstrated, through the affirmed peer review report of a physician, that the medical
supplies plaintiff-provider afforded to its assignor were not medically necessary (see generally CPT Medical Services, P.C. v
New York Cent. Mut. Fire Ins. Co., 18 Misc 3d 87 [2007]). In this connection, we note
that the physician opined that the medical supplies were not medically necessary because the
assignor was already receiving both physical and chiropractic therapy for his injuries, treatment
that the physician concluded was sufficient under the circumstances. In opposition, plaintiff,
which did not submit any evidence regarding the medical necessity of the supplies, failed to raise
a triable issue.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
DECEMBER 30, 2010
SUPREME COURT, APPELLATE TERM, FIRST
DEPARTMENT
May 2010 Term
McKeon, P.J., Schoenfeld, Shulman, JJ.
Enko
Enterprises International, Inc., NY County Clerk's No.
a/a/o Pena Felix, 570736/09
Plaintiff-Respondent,
-
against-
Calendar No. 10-125
Clarendon National Insurance
Company,
Defendant-Appellant.
Defendant, as limited by its brief, appeals from that portion of an order of the Civil Court
of the City of New York, Bronx County (Raul Cruz, J.), entered March 18, 2009, which denied
its motion for summary judgment dismissing the complaint.
Per Curiam.
Order (Raul Cruz, J.), entered March 18, 2009, insofar as appealed from, reversed, without
costs, defendant's motion for summary judgment granted, and the complaint dismissed. The
Clerk is directed to enter judgment accordingly.
Defendant-insurer made a prima facie showing of entitlement to judgment as a matter of
law dismissing the complaint, which asserted claims to recover assigned first-party no-fault
benefits. Defendant demonstrated, through the affirmed peer review report of a physician, that
the medical supplies plaintiff-provider afforded to its assignor were not medically necessary (see generally CPT Medical Services, P.C. v
New York Cent. Mut. Fire Ins. Co., 18 Misc 3d 87 [2007]). In this connection, we note
that the physician opined that the medical supplies were not medically necessary because the
assignor was already receiving both physical and chiropractic therapy for his injuries, treatment
that the physician concluded was sufficient under the circumstances. In opposition, plaintiff,
which did not submit any evidence regarding the medical necessity of the supplies, failed to raise
a triable issue.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 30, 2010
Decision Date: December 30, 2010
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.