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SP Orthotic Surgical & Med. Supply v. Ameriprise Ins.

Fact Questions if Services Provided by Independent Contractor Bar Summary Judgment

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Recitation, as required by CPLR Rule 2219 [a], of the papers considered in the review of the instant Motion:Notice of Motion and Affirmation of Caitriona McCarthy, Esq. in Support of Defendant’s Motion for Summary Judgment (July 28, 2016) (“McCarthy Aff.”); Exhibits A-O to the Affirmation of Caitriona McCarthy, Esq. in Support of Defendant’s Motion for Summary Judgment (hereinafter “Caitriona Aff. Ex. []“); Affirmation of William K. Joseph, Esq. in Opposition to Defendant’s Motion for Summary Judgment (April 19, 2018) (“Joseph Aff.”); Exhibits 1-9 to the Affirmation of William K. Joseph in Opposition to Defendant’s Motion for Summary Judgment (“Joseph Aff. Ex. []“); Reply Affirmation of Steven Daniel Levy, Esq. in Support of Defendant’s Motion for Summary Judgment (May 14, 2018) Exhibits A to the Reply Affirmation of Steven Daniel Levy, Esq. in Support of Defendant’s Motion for Summary Judgment (“Levy Reply Aff. Ex. A”);.DECISION AND ORDER This is an action by the Plaintiff, SP Orthotic Surgical & Medical Supply, Inc., As Assignee of Daniel Lyons, hereinafter “SP Orthotic”, to recover assigned first-party no-fault benefits from Defendant, Ameriprise Insurance Company, hereinafter “Ameriprise”, for services performed on the named assignor, Daniel Lyons. The Defendant has moved for summary judgment pursuant to Civil Practice Law and Rules §3212 on the basis that Plaintiff “utilizes independent contractors.” For the following reasons, the Court finds that genuine issues of material fact exist and the Defendant’s motion for summary judgment is DENIED.The Defendant, Ameriprise, is an insurance company that had a policy with the assignor, Daniel Lyons (Compl.

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