June 25, 2013

LOF Med. Supply, Inc. v GEICO Gen. Ins. Co. (2013 NY Slip Op 51035(U))

Headnote

The relevant facts considered included a provider seeking to recover assigned first-party no-fault benefits. The main issue decided was whether the provider was entitled to summary judgment in their favor. The holding of the case was that the order of the Civil Court denying the provider's motion for summary judgment was reversed, and the provider'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. This decision was in accordance with Insurance Law § 5106 and the regulations promulgated thereunder.

Reported in New York Official Reports at LOF Med. Supply, Inc. v GEICO Gen. Ins. Co. (2013 NY Slip Op 51035(U))

LOF Med. Supply, Inc. v GEICO Gen. Ins. Co. (2013 NY Slip Op 51035(U)) [*1]

LOF Med. Supply, Inc. v GEICO Gen. Ins. Co.

2013 NY Slip Op 51035(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2011-1944 K C.

LOF Medical Supply, Inc. as Assignee of ALIVTINA ISRAEL, Appellant, —
against
GEICO General Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), dated June 3, 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