Alleviation Med. Servs., P.C. v. Allstate Ins. Co.
| Decision Date | 24 February 2021 |
| Docket Number | 2017–09903,Index No. 53489/11 |
| Citation | 191 A.D.3d 934,143 N.Y.S.3d 395 |
| Parties | ALLEVIATION MEDICAL SERVICES, P.C., as assignee of Ali Al Rahabi, respondent, v. ALLSTATE INSURANCE COMPANY, appellant. |
| Court | New York Supreme Court — Appellate Division |
191 A.D.3d 934
143 N.Y.S.3d 395
ALLEVIATION MEDICAL SERVICES, P.C., as assignee of Ali Al Rahabi, respondent,
v.
ALLSTATE INSURANCE COMPANY, appellant.
2017–09903
Index No. 53489/11
Supreme Court, Appellate Division, Second Department, New York.
Argued—December 7, 2020
February 24, 2021
Peter C. Merani, P.C., New York, NY, for appellant.
Gary Tsirelman, P.C., Brooklyn, N.Y. (Stefan Belinfanti and David M. Gottlieb of counsel), for respondent.
Rivkin Radler LLP, Uniondale, N.Y. (Evan H. Krinick, Barry I. Levy, and Henry M. Mascia of counsel), for amici curiae New York Insurance Association, Inc., and Property Casualty Insurers Association of America.
CHERYL E. CHAMBERS, J.P., HECTOR D. LASALLE, BETSY BARROS, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In an action to recover no-fault benefits, the defendant appeals, by permission, from an order of the Appellate Term of the Supreme Court for the Second, Eleventh, and Thirteenth Judicial Districts dated March 29, 2017. The order affirmed an order of the Civil Court of the City of New York, Queens County (Terrence C. O'Connor, J.), entered April 1, 2015, denying the defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order dated March 29, 2017, is affirmed, with costs.
In June 2011, the plaintiff commenced the instant action against the defendant in the Civil Court of the City of New York, Queens County, seeking to recover the sum of $4,748.69 for treatment provided to its assignor in April 2011, following a motor vehicle accident that occurred on October 20, 2010. The plaintiff alleged, among other things, that a no-fault claim and verification were sent to the defendant on April 19, 2011, and that the defendant failed to properly deny the claim or request additional verification in compliance with no-fault regulations.
In May 2014, the defendant moved for summary judgment dismissing the complaint, arguing that the benefits under the no-fault policy had been exhausted. The Civil Court denied the defendant's motion, and the Appellate Term of the Supreme Court for the Second, Eleventh, and Thirteenth Judicial Districts affirmed. The defendant appeals, and we affirm, albeit on different grounds than those relied upon by the Civil Court or the Appellate Term.
"Under the no-fault system, payments of benefits...
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