March 3, 2023

MSB Physical Therapy, P.C. v Nationwide Ins. (2023 NY Slip Op 50284(U))

Headnote

The court considered this case when a provider sought to recover assigned first-party no-fault benefits. Plaintiff appealed after the lower court granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment. The main issue decided was whether the provider could recover assigned first-party no-fault benefits, and the court ultimately affirmed the lower court's decision to grant the defendant's motion for summary judgment and dismiss the complaint. Therefore, the holding of this case is that the lower court's decision was affirmed, and the provider was not entitled to recover assigned first-party no-fault benefits.

Reported in New York Official Reports at MSB Physical Therapy, P.C. v Nationwide Ins. (2023 NY Slip Op 50284(U))

MSB Physical Therapy, P.C. v Nationwide Ins. (2023 NY Slip Op 50284(U)) [*1]

MSB Physical Therapy, P.C. v Nationwide Ins.

2023 NY Slip Op 50284(U) [78 Misc 3d 129(A)]

Decided on March 3, 2023

Appellate Term, Second Department

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

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 3, 2023

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : CHEREÉ A. BUGGS, J.P., LISA S. OTTLEY, LOURDES M. VENTURA, JJ
2019-1356 K C

MSB Physical Therapy, P.C., as Assignee of Reid, Shamel W., Appellant,
against
Nationwide Ins., Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant.

Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered June 13, 2019. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment.

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order which granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment.

For the reasons stated in MSB Physical Therapy, P.C. v Nationwide Ins. (75 Misc 3d 136[A], 2022 NY Slip Op 50564[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]), the order is affirmed.

BUGGS, J.P., and OTTLEY, J., concur.

VENTURA, J., taking no part.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: March 3, 2023