February 8, 2017

Pavlova v Country Wide Ins. Co. (2017 NY Slip Op 50209(U))

Headnote

The court considered the denial of plaintiff's motion for summary judgment and the granting of defendant's cross motion for summary judgment dismissing the complaint in an action to recover assigned first-party no-fault benefits. The main issue decided was whether defendant's cross motion for summary judgment dismissing the complaint should be denied. The holding of the case was that the order was modified by providing that defendant's cross motion for summary judgment dismissing the complaint is denied, and the order was affirmed without costs.

Reported in New York Official Reports at Pavlova v Country Wide Ins. Co. (2017 NY Slip Op 50209(U))

Pavlova v Country Wide Ins. Co. (2017 NY Slip Op 50209(U)) [*1]

Pavlova v Country Wide Ins. Co.

2017 NY Slip Op 50209(U) [54 Misc 3d 143(A)]

Decided on February 8, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 8, 2017

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

PRESENT: : WESTON, J.P., ALIOTTA and ELLIOT, JJ.
2015-1947 Q C

Ksenia Pavlova, D.O., as Assignee of Connie Stevenson, Appellant,
against
Country Wide Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered June 29, 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 Pain Care, PLLC 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.

Weston, J.P., Aliotta and Elliot, JJ., concur.

Decision Date: February 08, 2017