Compas Med., P.C. v. Delos Ins. Co., 2011–373KC.

• Citation: 2012 N.Y. Slip Op. 51715,961 N.Y.S.2d 357,36 Misc.3d 153
• Decision Date: 31 August 2012
• Docket Number: No. 2011–373KC.,2011–373KC.
• Parties: COMPAS MEDICAL, P.C. as Assignee of Trina Green, Respondent, v. DELOS INSURANCE COMPANY, Appellant.
• Court: New York Supreme Court Appellate Division

36 Misc.3d 153
961 N.Y.S.2d 357
2012 N.Y. Slip Op. 51715

COMPAS MEDICAL, P.C. as Assignee of Trina Green, Respondent,
v.
DELOS INSURANCE COMPANY, Appellant.

No. 2011–373KC.

Supreme Court, Appellate Term,
2nd, 11th and 13th Judicial Districts.

Aug. 31, 2012.

Present: PESCE, P.J., RIOS and ALIOTTA, JJ.

Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered November 23, 2010. The order, insofar as appealed from, denied defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, the Civil Court properly denied defendant's cross motion for summary judgment dismissing the complaint, as there is a triable issue of fact as to whether verification is outstanding. Accordingly, the order, insofar as appealed from, is affirmed.

PESCE, P.J., RIOS and ALIOTTA, JJ., concur.