May 10, 2019

Active Care Med. Supply Corp. v American Tr. Ins. Co. (2019 NY Slip Op 50757(U))

Headnote

The court considered the appeal from an order of the Civil Court denying the plaintiff's motion for summary judgment and granting the defendant's cross motion for summary judgment in a case to recover first-party no-fault benefits. The main issue decided was whether the trial court erred in denying the plaintiff's motion for summary judgment and granting the defendant's cross motion for summary judgment. The holding of the case was that the decision of the lower court was affirmed, with the costs of $25, based on the reasons stated in a similar case. The court concurred with the decision to deny the plaintiff's motion for summary judgment and grant the defendant's cross motion for summary judgment.

Reported in New York Official Reports at Active Care Med. Supply Corp. v American Tr. Ins. Co. (2019 NY Slip Op 50757(U))

Active Care Med. Supply Corp. v American Tr. Ins. Co. (2019 NY Slip Op 50757(U)) [*1]

Active Care Med. Supply Corp. v American Tr. Ins. Co.

2019 NY Slip Op 50757(U) [63 Misc 3d 152(A)]

Decided on May 10, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 10, 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
2017-297 K C

Active Care Medical Supply Corp., as Assignee of Rivera, Sammy, Appellant,
against
American Transit Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Office of Daniel J. Tucker, for respondent (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Kings County (Richard J. Montelione, J.), entered September 12, 2016. The order denied plaintiff’s motion for summary judgment and granted defendant’s cross 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, plaintiff appeals from an order of the Civil Court which denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint.

For the reasons stated in Active Care Med. Supply Corp., as Assignee of Wilson, Andrae v American Tr. Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2016-2883 K C], decided herewith), the order is affirmed.

PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk
Decision Date: May 10, 2019