Beynenson Law
June 25, 2013

New York Diagnostic Med. Care, P.C. v GEICO Gen. Ins. Co. (2013 NY Slip Op 51036(U))

Headnote

The relevant facts the court considered were that New York Diagnostic Medical Care, P.C. appealed from an order of the Civil Court denying its motion for summary judgment in an action to recover assigned first-party no-fault benefits. The main issue decided was whether the provider was entitled to recover assigned first-party no-fault benefits from GEICO General Insurance Company. The holding of the court was that the order denying plaintiff's motion for summary judgment was reversed and that the plaintiff's motion for summary judgment was granted. The case was remitted to the Civil Court for a calculation of statutory interest and an assessment of attorney's fees pursuant to Insurance Law § 5106 and the regulations promulgated thereunder.

Reported in New York Official Reports at New York Diagnostic Med. Care, P.C. v GEICO Gen. Ins. Co. (2013 NY Slip Op 51036(U))

New York Diagnostic Med. Care, P.C. v GEICO Gen. Ins. Co. (2013 NY Slip Op 51036(U)) [*1]
New York Diagnostic Med. Care, P.C. v GEICO Gen. Ins. Co.
2013 NY Slip Op 51036(U) [40 Misc 3d 127(A)]
Decided on June 25, 2013
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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 25, 2013

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


PRESENT: : PESCE, P.J., RIOS and ALIOTTA, JJ
2011-2314 K C.
New York Diagnostic Medical Care, P.C. as Assignee of DANIELLE GRAHAM, Appellant, —

against

GEICO General Insurance Company Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), entered June 22, 2011. The order denied plaintiff’s motion for summary judgment.

ORDERED that the order is reversed, with $30 costs, plaintiff’s motion for summary judgment is granted, and the matter is remitted to the Civil Court for a calculation of statutory interest and an assessment of attorney’s fees.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court denying plaintiff’s motion for summary judgment.

For the reasons stated in LOF Med. Supply, Inc. v Geico Gen. Ins. Co. (39 Misc 3d 136[A], 2013 NY Slip Op 50595[U] [App Term, 2d, 11th & 13th Jud Dists 2013]), the order is reversed, plaintiff’s motion for summary judgment is granted, and the matter is remitted to the Civil Court for a calculation of statutory interest and an assessment of attorney’s fees pursuant to Insurance Law § 5106 and the regulations promulgated thereunder.

Pesce, P.J., Rios and Aliotta, JJ., concur.
Decision Date: June 25, 2013