November 6, 2020

LVOV Acupuncture, P.C. v Nationwide Ins. Co. (2020 NY Slip Op 51343(U))

Headnote

The relevant facts considered by the court were that LVOV Acupuncture, P.C. was seeking to recover assigned first-party no-fault benefits from Nationwide Ins. Co. The court granted the defendant's motion for summary judgment, dismissing the complaint on the grounds that the defendant had already fully paid the plaintiff for the services in question. The main issue decided in this case was whether the defendant had fulfilled its obligation to pay the plaintiff for the services at issue. The holding of the court was that the order granting the defendant's motion for summary judgment was affirmed, with $25 costs. This decision was in line with the court's reasoning in a related case, and was made by Justices Aliotta, Elliot, and Siegal.

Reported in New York Official Reports at LVOV Acupuncture, P.C. v Nationwide Ins. Co. (2020 NY Slip Op 51343(U))

LVOV Acupuncture, P.C. v Nationwide Ins. Co. (2020 NY Slip Op 51343(U)) [*1]

LVOV Acupuncture, P.C. v Nationwide Ins. Co.

2020 NY Slip Op 51343(U) [69 Misc 3d 141(A)]

Decided on November 6, 2020

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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 6, 2020

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

PRESENT: : THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, BERNICE D. SIEGAL, JJ
2019-373 K C

LVOV Acupuncture, P.C., as Assignee of Ozhan Tastaban, Appellant,
against
Nationwide Ins. Co., Respondent.

Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Law Office of Kevin J. Philbin (Lawrence Wolkow of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Michael Gerstein, J.), entered December 13, 2018. The order granted defendant’s motion for summary judgment dismissing the complaint.

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

In this action by a provider to recover assigned first-party no-fault benefits, the Civil Court granted defendant’s motion for summary judgment dismissing the complaint on the ground that defendant had fully paid plaintiff for the services at issue.

For the reasons stated in LVOV Acupuncture, P.C., as Assignee of Ozhan Tastaban v Nationwide Ins. Co. (___ Misc 3d ___, 2020 NY Slip Op _____ [appeal No. 2018-2277 K C], decided herewith), the order is affirmed.

ALIOTTA, P.J., ELLIOT and SIEGAL, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 6, 2020