July 10, 2020

Mira Acupuncture, P.C. v 21st Century Ins. Co. (2020 NY Slip Op 50853(U))

Headnote

The court considered an appeal from the denial of a motion for summary judgment in a case where a provider sought to recover assigned first-party no-fault benefits from an insurance company. The main issue was whether the insurance company had a duty to provide coverage for the accident at issue in the case, based on a declaratory judgment entered in the Supreme Court, New York County. The court held that, for the reasons stated in a similar case (St. Mark's Med. Health Care, PLLC as Assignee of Dejean, Ludmilla v 21st Century Ins. Co.), the insurance company's motion for summary judgment dismissing the complaint should have been granted. Therefore, the order denying the insurance company's motion for summary judgment was reversed, and the insurance company's motion was granted.

Reported in New York Official Reports at Mira Acupuncture, P.C. v 21st Century Ins. Co. (2020 NY Slip Op 50853(U))

Mira Acupuncture, P.C. v 21st Century Ins. Co. (2020 NY Slip Op 50853(U)) [*1]

Mira Acupuncture, P.C. v 21st Century Ins. Co.

2020 NY Slip Op 50853(U) [68 Misc 3d 127(A)]

Decided on July 10, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 10, 2020

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

PRESENT: : THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, DAVID ELLIOT, JJ
2019-371 K C

Mira Acupuncture, P.C., as Assignee of Dejean, Ludmilla, Respondent,
against
21st Century Insurance Company, Appellant.

Law Offices of Buratti, Rothenberg & Burns (Bryan M. Rothenberg of counsel), for appellant. The Rybak Firm, PLLC (Oleg Rybak, Esq.), for respondent (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), entered October 15, 2018. The order, insofar as appealed from, denied defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant’s motion for summary judgment dismissing the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court entered October 15, 2018 as denied defendant’s motion, which had sought summary judgment dismissing the complaint on the ground that, pursuant to a declaratory judgment entered in the Supreme Court, New York County, defendant had no duty to provide coverage for the accident at issue in this case.

For the reasons stated in St. Mark’s Med. Health Care, PLLC as Assignee of Dejean, Ludmilla v 21st Century Ins. Co. (___ Misc 3d ___, 2020 NY Slip Op _____ [appeal No. 2019-361 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant’s motion for summary judgment dismissing the complaint is granted.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: July 10, 2020