Appellate Terms of the Supreme Court of New York, 2016

Compas Med., P.C. v. Citiwide Auto Leasing

Compas Med., P.C. v. Citiwide Auto Leasing
Appellate Terms of the Supreme Court of New York · Decided October 11, 2016
Compas Med., P.C. v. Citiwide Auto Leasing

Opinion



Compas Medical, P.C., as Assignee of Shamir Love, Appellant,

against

Citiwide Auto Leasing, Respondent.


Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered November 25, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint.

Contrary to the sole issue raised by plaintiff on appeal, defendant's submissions were sufficient to give rise to a presumption that defendant's verification requests and denial of claim forms had been mailed to plaintiff (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]; Residential Holding Corp. v Scottsdale Ins. Co., 286 AD2d 679 [2001]).

Accordingly, the order is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.


Decision Date: October 11, 2016

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