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Veraso Med. Supply Corp. v. State Farm Mut. Auto. Ins. Co.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Jul 12, 2019
64 Misc. 3d 135 (N.Y. App. Term 2019)

Opinion

2016-1416 K C

07-12-2019

VERASO MEDICAL SUPPLY CORP., as Assignee of Vega, Carlos, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Abrams, Cohen & Associates, P.C. (Frank Piccininni of counsel), for respondent.


The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant.

Abrams, Cohen & Associates, P.C. (Frank Piccininni of counsel), for respondent.

PRESENT: MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and the branch of defendant's motion seeking summary judgment dismissing the second cause of action is denied.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals, as limited by its brief, from so much of an order of the Civil Court as granted the branch of defendant's motion seeking summary judgment dismissing the second cause of action on the ground that plaintiff had failed to provide requested verification.

Plaintiff correctly argues that the affidavit it submitted in opposition to defendant's motion was sufficient to give rise to a presumption that the requested verification had been mailed to, and received by, defendant (see St. Vincent's Hosp. of Richmond v. Government Empls. Ins. Co. , 50 AD3d 1123 [2008] ) and thus that there is a triable issue of fact as to whether the verification had been provided.

Accordingly, the order, insofar as appealed from, is reversed and the branch of defendant's motion seeking summary judgment dismissing the second cause of action is denied.

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


Summaries of

Veraso Med. Supply Corp. v. State Farm Mut. Auto. Ins. Co.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Jul 12, 2019
64 Misc. 3d 135 (N.Y. App. Term 2019)
Case details for

Veraso Med. Supply Corp. v. State Farm Mut. Auto. Ins. Co.

Case Details

Full title:Veraso Medical Supply Corp., as Assignee of Vega, Carlos, Appellant, v…

Court:SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

Date published: Jul 12, 2019

Citations

64 Misc. 3d 135 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 51149
116 N.Y.S.3d 851