October 25, 2019

Active Care Med. Supply Corp. v American Ind. Ins. Co. (2019 NY Slip Op 51758(U))

Headnote

The court considered an appeal from an order of the Civil Court of the City of New York, Kings County, which had granted defendant's motion to dismiss the complaint of Active Care Medical Supply Corp. as the assignee of Phanord, Jonas, seeking to recover first-party no-fault benefits. The main issue decided was whether to affirm the lower court's order granting the defendant's motion to dismiss the complaint pursuant to CPLR 3211(a)(8). The holding of the case was that the order of the Civil Court was affirmed, with $25 costs. This decision was based on the reasons stated in a related case, Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v. American Ind. Ins. Co., which was decided herewith. P.J., ALIOTTA, and SIEGAL, JJ., all concurred with this decision.

Reported in New York Official Reports at Active Care Med. Supply Corp. v American Ind. Ins. Co. (2019 NY Slip Op 51758(U))

Active Care Med. Supply Corp. v American Ind. Ins. Co. (2019 NY Slip Op 51758(U)) [*1]

Active Care Med. Supply Corp. v American Ind. Ins. Co.

2019 NY Slip Op 51758(U) [65 Misc 3d 145(A)]

Decided on October 25, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 25, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ
2018-739 K C

Active Care Medical Supply Corp., as Assignee of Phanord, Jonas, Appellant,
against
American Independent Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Freiberg, Peck & Kang, LLP (Yilo J. Kang of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Joy F. Campanelli, J.), entered January 5, 2018. The order, insofar as appealed from as limited by the brief, granted defendant’s motion to dismiss the complaint.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals, as limited by the brief, from so much of an order of the Civil Court as granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (8).

For the reasons stated in Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v American Ind. Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-2405 K C], decided herewith), the order, insofar as appealed from, is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: October 25, 2019