August 25, 2017

Gentlecare Ambulatory Anesthesia Servs. v Country Wide Ins. Co. (2017 NY Slip Op 51102(U))

Headnote

The relevant facts considered by the court were that the plaintiff, Gentlecare Ambulatory Anesthesia Services, and Lyonel F. Paul, M.D., as Assignees of Stevenson, Connie, appealed an order from the Civil Court of the City of New York, Queens County, denying plaintiff's motion for summary judgment and granting defendant's cross motion for summary judgment dismissing the complaint. The main issue decided in the case was whether the provider was entitled to recover assigned first-party no-fault benefits from the defendant, Country Wide Insurance Company. The holding of the case was that defendant's cross motion for summary judgment dismissing the complaint was denied, and the order was modified accordingly. The court referenced a previous case, Island Life Chiropractic, P.C. v Country Wide Ins. Co., to support their decision.

Reported in New York Official Reports at Gentlecare Ambulatory Anesthesia Servs. v Country Wide Ins. Co. (2017 NY Slip Op 51102(U))

Gentlecare Ambulatory Anesthesia Servs. v Country Wide Ins. Co. (2017 NY Slip Op 51102(U)) [*1]

Gentlecare Ambulatory Anesthesia Servs. v Country Wide Ins. Co.

2017 NY Slip Op 51102(U) [56 Misc 3d 140(A)]

Decided on August 25, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 25, 2017

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

PRESENT: : THOMAS P. ALIOTTA, J.P., MICHAEL L. PESCE, MARTIN M. SOLOMON, JJ
2016-262 Q C

Gentlecare Ambulatory Anesthesia Services and Lyonel F. Paul, M.D., as Assignees of Stevenson, Connie, Appellants,
against
Country Wide Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellants. 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 (Terrence C. O’Connor, J), entered December 15, 2015. 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 modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without 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 Island Life Chiropractic, P.C. v Country Wide Ins. Co. (53 Misc 3d 131[A], 2016 NY Slip Op 51378[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016]), the order is modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 25, 2017