| Atlantis Med., DC v Liberty Mut. Ins. Co. |
| 2008 NYSlipOp 50584(U) |
| Decided on March 24, 2008 |
| Appellate Term, First Department |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER JJ
570776/07.
against
Liberty Mutual Insurance Company, Defendant-Respondent.
Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Ben R. Barbato, J.), dated March 21, 2007, which denied its motion for summary judgment.
Per Curiam.
Order (Ben R. Barbato, J.), dated March 21, 2007, affirmed, without costs.
Defendant's motion for summary judgment dismissing this action for no-fault first party benefits on the ground that the underlying medical services were performed by an independent contractor was properly denied. In opposition to the motion, the plaintiff provider submitted the treating physician's affidavit stating that he is the plaintiff's president and sole shareholder, not an independent contractor, and that the box for "Independent Contractor" on the NF-3 claim form had been marked erroneously. In these circumstances, the record presents issues of fact as to whether the services were performed by plaintiff through its officer rather than an independent contractor.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: March 24, 2008