June 10, 2022

Masigla v Nationwide Ins. (2022 NY Slip Op 50575(U))

Headnote

The court considered an appeal from an order granting the defendant's motion for summary judgment dismissing the complaint and denying the plaintiff's cross motion for summary judgment. This case involved a provider seeking to recover assigned first-party no-fault benefits. The main issue decided was whether the lower court's decision to grant the defendant's motion for summary judgment and deny the plaintiff's cross motion for summary judgment should be affirmed. The holding of the court was that the order was affirmed, with $25 costs, and the decision was based on the reasons stated in a similar case decided simultaneously.

Reported in New York Official Reports at Masigla v Nationwide Ins. (2022 NY Slip Op 50575(U))

Masigla v Nationwide Ins. (2022 NY Slip Op 50575(U)) [*1]

Masigla v Nationwide Ins.

2022 NY Slip Op 50575(U) [75 Misc 3d 138(A)]

Decided on June 10, 2022

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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 10, 2022

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

PRESENT: : THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ
2020-109 K C

Maria Sheila Masigla, P.T., 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 August 9, 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., as Assignee of Reid, Shamel W. v Nationwide Ins. (— Misc 3d —, 2022 NY Slip Op — [appeal No. 2019-1349 K C], decided herewith), the order is affirmed.

ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: June 10, 2022