November 6, 2020

ABC Physical Therapy, P.C. v GEICO Ins. Co. (2020 NY Slip Op 51335(U))

Headnote

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

Reported in New York Official Reports at ABC Physical Therapy, P.C. v GEICO Ins. Co. (2020 NY Slip Op 51335(U))

ABC Physical Therapy, P.C. v GEICO Ins. Co. (2020 NY Slip Op 51335(U)) [*1]

ABC Physical Therapy, P.C. v GEICO Ins. Co.

2020 NY Slip Op 51335(U) [69 Misc 3d 140(A)]

Decided on November 6, 2020

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This opinion is uncorrected and will not be published in the printed Official Reports.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 6, 2020

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

PRESENT: : THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, BERNICE D. SIEGAL, JJ
2018-2105 K C

ABC Physical Therapy, P.C., as Assignee of Devalsaint, Chantale, Appellant,
against
GEICO Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Rivkin Radler, LLP (Stuart M. Bodoff of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Michael Gerstein, J.), entered September 5, 2018. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment.

ORDERED that the order is modified by providing that the branch of defendant’s motion seeking summary judgment dismissing the first cause of action 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 granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment.

For the reasons stated in NL Quality Med., P.C., as Assignee of Munno, Daniel v GEICO Ins. Co. (___ Misc 3d ___, 2020 NY Slip Op _____ [appeal No. 2018-2283 K C], decided herewith), the order is modified by providing that the branch of defendant’s motion seeking summary judgment dismissing the first cause of action is denied.

ALIOTTA, P.J., ELLIOT and SIEGAL, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 6, 2020