August 2, 2019

AAAMG Leasing Corp. v NY Cent. Mut. Ins. Co. (2019 NY Slip Op 51281(U))

Headnote

The main issue in this case was whether the defendant's motion for summary judgment to dismiss the complaint should be granted. The court considered the fact that the plaintiff, as an assignee of a provider, was seeking to recover first-party no-fault benefits, and that the defendant had appealed from an order of the Civil Court denying its motion which had sought summary judgment on the ground that the plaintiff's assignor had failed to appear for scheduled independent medical examinations. The court ultimately held that the defendant's motion for summary judgment should be granted, reversing the lower court's decision and ruling in favor of the defendant. Therefore, the complaint was dismissed in favor of the defendant.

Reported in New York Official Reports at AAAMG Leasing Corp. v NY Cent. Mut. Ins. Co. (2019 NY Slip Op 51281(U))

AAAMG Leasing Corp. v NY Cent. Mut. Ins. Co. (2019 NY Slip Op 51281(U)) [*1]

AAAMG Leasing Corp. v NY Cent. Mut. Ins. Co.

2019 NY Slip Op 51281(U) [64 Misc 3d 144(A)]

Decided on August 2, 2019

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This opinion is uncorrected and will not be published in the printed Official Reports.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 2, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ
2017-2092 K C

AAAMG Leasing Corp., as Assignee of Darnier Phillipe, Respondent,
against
NY Central Mutual Ins. Co., Appellant.

Nightingale Law, P.C. (Michael S. Nightingale of counsel), for appellant. Zara Javakov, P.C. (Zara Javakov of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Odessa Kennedy, J.), entered August 22, 2017. The order denied defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant’s motion for summary judgment dismissing the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court denying defendant’s motion which had sought summary judgment dismissing the complaint on the ground that plaintiff’s assignor had failed to appear for duly scheduled independent medical examinations.

For the reasons stated in Alleviation Med. Servs., P.C., as Assignee of Hill, Laquan v Citiwide Auto Leasing (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-1220 K C], decided herewith), the order is reversed and defendant’s motion for summary judgment dismissing the complaint is granted.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 02, 2019