Complete Medical Services, P.C. v. Mvaic, No. 2007-468 Q C.

CourtNew York Supreme Court — Appellate Term
Citation864 N.Y.S.2d 665,2008 NY Slip Op 28269,20 Misc.3d 85
Docket NumberNo. 2007-468 Q C.
PartiesCOMPLETE MEDICAL SERVICES, P.C., as Assignee of AHARON MATAYAHO, Respondent, v. MVAIC, Appellant.
Decision Date10 July 2008
20 Misc.3d 85
864 N.Y.S.2d 665
2008 NY Slip Op 28269
COMPLETE MEDICAL SERVICES, P.C., as Assignee of AHARON MATAYAHO, Respondent,
v.
MVAIC, Appellant.
No. 2007-468 Q C.
Supreme Court, Appellate Term, Second Department.
July 10, 2008.

Morris Duffy Alonso & Faley, New York City (Anna J. Ervolina, Sharon E. Hernandez and Andrea M. Alonso of counsel),

[20 Misc.3d 86]

for appellant.

Israel, Israel & Purdy, LLP, Great Neck (Jennifer Greenhalgh Howard of counsel), for respondent.


OPINION OF THE COURT

MEMORANDUM.

Order affirmed without costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) moved for summary judgment dismissing the complaint. Defendant argued that the action was premature since plaintiff's assignor was not a qualified person within the meaning of Insurance Law article 52 because he failed to provide MVAIC with a copy of the police report or otherwise comply with the reporting requirements set forth in Insurance Law article 52. The court denied defendant's motion, holding that defendant's time to pay or deny began to run upon receipt of plaintiff's claim and not after defendant determined that plaintiff's assignor was a qualified person. This appeal by defendant ensued.

Contrary to defendant's contention, the 30-day period within which defendant may timely deny a claim or request verification begins to run upon receipt of the claim without regard to whether defendant has determined that plaintiff's assignor is a qualified person within the meaning of Insurance Law § 5202 (b) (New York Hosp. Med. Ctr. of Queens v Motor Veh. Acc. Indem. Corp., 12 AD3d 429 [2004]). Defendant's assertion that it was entitled to summary judgment because plaintiff's assignor was not a qualified person since he "failed to submit to [defendant] a copy of the Police Report regarding the alleged motor vehicle accident or otherwise compl[y] with the reporting requirements of [Insurance Law] Article 52," lacks merit. Plaintiff's assignor's status as a qualified person is not dependent upon defendant's receipt of a copy of the police report (see Insurance Law § 5202 [b]). Although defendant contends that plaintiff's assignor also failed to comply with the reporting requirements set forth in Insurance Law article 52, the record does not support such contention.

As a result, defendant's motion for summary judgment dismissing the complaint was...

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7 practice notes
  • Exclusive Med. Supply, Inc. v. MVAIC, 67806/09
    • United States
    • New York Civil Court
    • April 11, 2012
    ...and supporting principle has also been promulgated by the Appellate Term Second Department in Complete Medical Services, P.C. v. MVAIC, 20 Misc 3d 85, 864 N.Y.S.2d 665 wherea unanimous panel found that the 30-day period within which MVAIC may timely deny a claim or request verification begi......
  • Exclusive Med. Supply, Inc. v. MVAIC, No. 67806/09.
    • United States
    • New York Civil Court
    • April 11, 2012
    ...and supporting principle has also been promulgated by the Appellate Term Second Department in Complete Medical Services, P.C. v. MVAIC, 20 Misc.3d 85, 864 N.Y.S.2d 665 where a unanimous panel found that the 30–day period within which MVAIC may timely deny a claim or request verification beg......
  • Sama Physical Therapy v. MVAIC, 720081/2013
    • United States
    • New York Civil Court
    • July 15, 2019
    ...Supply Corp. v. MVAIC , 63 Misc. 3d 150[A], 2019 WL 2113971 [App. Term 2nd Jud. Dept. 5/10/2019] ; Complete Med. Servs., P.C. v. MVAIC , 20 Misc. 3d 85, 864 N.Y.S.2d 665 [App. Term 2nd Jud. Dept. 2008].) Contrary to defendant's position, the Appellate Division rejected the premise that the ......
  • Armengol v. MVAIC, 2021-51207
    • United States
    • United States State Supreme Court (New York)
    • December 10, 2021
    ...63 Misc.3d 150 [A], 2019 NY Slip Op 50737[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]; Complete Med. Servs., P.C. v MVAIC, 20 Misc.3d 85 [App Term, 2d Dept, 2d & 11th Jud Dists 2008]). As the initial request for verification of the claims for services rendered to Evytte Lewis wer......
  • Request a trial to view additional results
7 cases
  • Exclusive Med. Supply, Inc. v. MVAIC, 67806/09
    • United States
    • New York Civil Court
    • April 11, 2012
    ...and supporting principle has also been promulgated by the Appellate Term Second Department in Complete Medical Services, P.C. v. MVAIC, 20 Misc 3d 85, 864 N.Y.S.2d 665 wherea unanimous panel found that the 30-day period within which MVAIC may timely deny a claim or request verification begi......
  • Exclusive Med. Supply, Inc. v. MVAIC, No. 67806/09.
    • United States
    • New York Civil Court
    • April 11, 2012
    ...and supporting principle has also been promulgated by the Appellate Term Second Department in Complete Medical Services, P.C. v. MVAIC, 20 Misc.3d 85, 864 N.Y.S.2d 665 where a unanimous panel found that the 30–day period within which MVAIC may timely deny a claim or request verification beg......
  • Sama Physical Therapy v. MVAIC, 720081/2013
    • United States
    • New York Civil Court
    • July 15, 2019
    ...Supply Corp. v. MVAIC , 63 Misc. 3d 150[A], 2019 WL 2113971 [App. Term 2nd Jud. Dept. 5/10/2019] ; Complete Med. Servs., P.C. v. MVAIC , 20 Misc. 3d 85, 864 N.Y.S.2d 665 [App. Term 2nd Jud. Dept. 2008].) Contrary to defendant's position, the Appellate Division rejected the premise that the ......
  • Armengol v. MVAIC, 2021-51207
    • United States
    • United States State Supreme Court (New York)
    • December 10, 2021
    ...63 Misc.3d 150 [A], 2019 NY Slip Op 50737[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]; Complete Med. Servs., P.C. v MVAIC, 20 Misc.3d 85 [App Term, 2d Dept, 2d & 11th Jud Dists 2008]). As the initial request for verification of the claims for services rendered to Evytte Lewis wer......
  • Request a trial to view additional results

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