Doctor Goldshteyn Chiropractic, P.C. v Travelers Indem. Co., 2017 NY Slip Op 51816(U)(App. Term 2d Dept. 2017)
“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 plaintiff’s contention, the record demonstrates that defendant did not receive requested verification and, thus, that the action is premature (see Central Suffolk Hosp. v New York Cent. Mut. Fire Ins. Co., 24 AD3d 492 [2005]). Indeed, on appeal, plaintiff notes that it had partially responded to defendant’s verification request”
Again, the “partial response paradigm” appears to be fatal to the medical provider. I suppose the correct record has to be established to see if an objection to verification will destroy an insurance carrier’s summary judgment motion?
