August 2, 2019

Natural Therapy Acupuncture, P.C. v GEICO Ins. Co. (2019 NY Slip Op 51258(U))

Headnote

The relevant facts that the court considered in the case of Natural Therapy Acupuncture, P.C. v GEICO Ins. Co. involved a provider seeking to recover first-party no-fault benefits that had been assigned to them. The main issue decided was whether the provider was entitled to recover the unpaid portion of their claims. The court held that the branch of the defendant's cross motion seeking summary judgment dismissing the unpaid portion of the plaintiff's claims was granted. This decision was based on the court's reasoning in a similar case, Natural Therapy Acupuncture, P.C., as Assignee of Boodoo, Anselm Kevin v GEICO Ins. Co., which was decided alongside this case. The decision was unanimous, with Justices Pesce, Aliotta, and Elliot concurring.

Reported in New York Official Reports at Natural Therapy Acupuncture, P.C. v GEICO Ins. Co. (2019 NY Slip Op 51258(U))

Natural Therapy Acupuncture, P.C. v GEICO Ins. Co. (2019 NY Slip Op 51258(U)) [*1]

Natural Therapy Acupuncture, P.C. v GEICO Ins. Co.

2019 NY Slip Op 51258(U) [64 Misc 3d 141(A)]

Decided on August 2, 2019

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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 2, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2017-859 K C

Natural Therapy Acupuncture, P.C., as Assignee of Lamarre, Kens, Respondent,
against
GEICO Ins. Co., Appellant.

Law Office of Goldstein & Flecker (Lawrence J. Chanice of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered December 14, 2016. The order, insofar as appealed from and as limited by the brief, denied the branch of defendant’s cross motion seeking summary judgment dismissing so much of the complaint as sought to recover upon the unpaid portion of plaintiff’s claims.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and the branch of defendant’s cross motion seeking summary judgment dismissing so much of the complaint as sought to recover upon the unpaid portion of plaintiff’s claims is granted.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment and defendant cross-moved for summary judgment dismissing the complaint. By order entered December 14, 2016, insofar as appealed from as limited by the brief, the Civil Court denied the branch of defendant’s cross motion seeking dismissal of so much of the complaint as sought to recover upon the unpaid portion of plaintiff’s claims.

For the reasons stated in Natural Therapy Acupuncture, P.C., as Assignee of Boodoo, Anselm Kevin v GEICO Ins. Co. (__ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-635 K C], decided herewith), the order, insofar as appealed from, is reversed and the branch of defendant’s cross motion seeking summary judgment dismissing so much of the complaint as sought to recover upon the unpaid portion of plaintiff’s claims is granted.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 02, 2019