December 22, 2017

W.H.O. Acupuncture, P.C. v Country-Wide Ins. Co. (2017 NY Slip Op 51856(U))

Headnote

The main legal issues in this case revolved around a provider's attempt to recover first-party no-fault benefits from an insurance company. The court considered the provider's motion for summary judgment and the insurance company's cross motion for summary judgment dismissing the complaint. The court ultimately denied the provider's motion and granted the insurance company's cross motion, affirming the order. The holding of the case was that the provider was not entitled to recover the assigned first-party no-fault benefits from the insurance company. This decision was based on reasoning similar to that in a related case, MT Servs. P.T., P.C., as Assignee of Richardson Steven v Country-Wide Ins. Co. The order of the Civil Court of the City of New York, Queens County was affirmed, and the costs were set at $25.

Reported in New York Official Reports at W.H.O. Acupuncture, P.C. v Country-Wide Ins. Co. (2017 NY Slip Op 51856(U))

W.H.O. Acupuncture, P.C. v Country-Wide Ins. Co. (2017 NY Slip Op 51856(U)) [*1]

W.H.O. Acupuncture, P.C. v Country-Wide Ins. Co.

2017 NY Slip Op 51856(U) [58 Misc 3d 139(A)]

Decided on December 22, 2017

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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 22, 2017
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
2015-317 Q C

W.H.O. Acupuncture, P.C., as Assignee of Smith Monique, Appellant,
against
Country-Wide Ins. Co., Respondent.

Petre and Zabokritsky, P.C. (Zachary Rozenberg, Esq.), for appellant. Jaffe & Koumourdas, LLP (Jean H. Kang, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered December 5, 2014. 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 moved for summary judgment and defendant cross-moved for summary judgment dismissing the complaint. By order entered December 5, 2014, the Civil Court denied plaintiff’s motion and granted defendant’s cross motion.

For the reasons stated in MT Servs. P.T., P.C., as Assignee of Richardson Steven v Country-Wide Ins. Co. (__ Misc 3d __, 2017 NY Slip Op ____ [appeal No. 2015-155 Q C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: December 22, 2017