Elmont Open MRI & Diagnostic Radiology, P.C. v New York Cent. Mut. Fire Ins. Co, 2014 NY Slip Op 50607(U)(App. Term 2d Dept. 2014)
It looks like there is an issue of fact as to whether Plaintiff responded to some amorphous verification or whether the response was sufficient. Cannot tell from the order of the Appellate Term. District Court granted reverse summary judgment to Plaintiff. No comment here. The Appellate Term seems to believe that there are some factual issues requiring a trial/hearing.
“The court properly denied defendant’s motion for summary judgment dismissing the complaint, but improperly granted summary judgment to plaintiff, as there is a triable issue of fact as to whether verification is outstanding (see Cassidy v Allstate Ins. Co., 63 AD3d 869 [2009]; Mount Sinai Hosp. v Allstate Ins. Co., 25 AD3d 673 [2006]).”
