Fair Price Med. Supply Corp. a/a/o Cesar Nivelo v Travelers Indem. Co.

Fair Price Med. Supply Corp. a/a/o Cesar Nivelo v Travelers Indem. Co.

Motion No: 2004-00601 kc 11-17-2005

Slip Opinion No: 2006 NYSlipOp 65979(U)

Decided on March 13, 2006

Appellate Term, Second Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., GOLIA, and RIOS, JJ.

NO. 2004-601 K C

FAIR PRICE MEDICAL SUPPLY CORP.
a/a/o CESAR NIVELO,

Appellant,
-against-

THE TRAVELERS INDEMNITY COMPANY,

Respondent.

DECISION

Motion by respondent for leave to appeal to the Appellate Division and ancillary relief granted.

Cross motions by the New York Insurance Association and the American Insurance Association and the Property Casualty Insurers Association of America for amicus curiae status and other relief denied, without prejudice to their seeking such status in the Appellate Division.

The dissent raises issues regarding whether a late denial of a first-party no-fault claim should be precluded even though it is based on intentional provider fraud where the medical supplies claimed were never provided.

Presiding Justice, Appellate Term

Associate Justice, Appellate Term