Multiquest, P.L.L.C. v Allstate Ins. Co.

[*1] Multiquest, P.L.L.C. v Allstate Ins. Co. 2007 NY Slip Op 51737(U) [16 Misc 3d 137(A)] Decided on September 12, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 12, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., RIOS and BELEN, JJ
2006-622 Q C.

Multiquest, P.L.L.C. a/a/o Elena Lapshinoss, Respondent,

against

Allstate Insurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (Joseph Esposito, J.), entered December 6, 2005. The order denied defendant's motion for summary judgment.

Order modified by providing that the motion is denied without prejudice to renewal upon proper papers; as so modified, affirmed without costs.

Plaintiff brought the instant action to recover $1,340.30 in assigned first-party no-fault benefits. Defendant moved for summary judgment and the court denied the motion for failure to support it with a copy of the pleadings, a ground not raised by plaintiff. In our opinion, the order should be modified as indicated above for the reasons set forth in Multiquest, P.L.L.C. v Allstate Ins. Co. ( Misc 3d , 2007 NY Slip Op [No. 2006-312 Q C], decided herewith).

Pesce, P.J., Rios and Belen, JJ., concur.
Decision Date: September 12, 2007