November 17, 2016

Art of Healing Medicine, P.C. v Allstate Ins. Co. (2016 NY Slip Op 51685(U))

Headnote

The court considered the denial of the plaintiff's motion for summary judgment and the granting of the defendant's cross motion for summary judgment in a case involving a provider seeking to recover assigned first-party no-fault benefits. The main issue decided was whether the defendant's cross motion for summary judgment dismissing the complaint should be granted. The holding of the court was that the defendant's cross motion for summary judgment dismissing the complaint is denied, and the order is affirmed as modified.

Reported in New York Official Reports at Art of Healing Medicine, P.C. v Allstate Ins. Co. (2016 NY Slip Op 51685(U))

Art of Healing Medicine, P.C. v Allstate Ins. Co. (2016 NY Slip Op 51685(U)) [*1]

Art of Healing Medicine, P.C. v Allstate Ins. Co.

2016 NY Slip Op 51685(U) [53 Misc 3d 150(A)]

Decided on November 17, 2016

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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 17, 2016

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

PRESENT: : WESTON, J.P., ALIOTTA and ELLIOT, JJ.
2015-604 Q C

Art of Healing Medicine, P.C., as Assignee of JAMES DORSAINVIL, Appellant,
against
Allstate Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County

(Ulysses Bernard Leverett, J.), entered February 10, 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 Art of Healing Medicine, P.C., as Assignee of James Dorsainvil v Allstate Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op ___ [appeal No. 2014-2501 Q C], decided herewith), 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: November 17, 2016