June 1, 2018

Active Care Med. Supply Corp. v American Tr. Ins. Co. (2018 NY Slip Op 50822(U))

Headnote

The court considered a case brought by a medical supply company seeking to recover first-party no-fault benefits from an insurance company. The insurance company had filed a motion for summary judgment to dismiss the complaint. The main issue decided was whether the medical supply company was entitled to the first-party no-fault benefits it sought. The court held that the order granting the insurance company's motion for summary judgment to dismiss the complaint was affirmed. The court cited a similar case in its decision.

Reported in New York Official Reports at Active Care Med. Supply Corp. v American Tr. Ins. Co. (2018 NY Slip Op 50822(U))

Active Care Med. Supply Corp. v American Tr. Ins. Co. (2018 NY Slip Op 50822(U)) [*1]

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

2018 NY Slip Op 50822(U) [59 Misc 3d 149(A)]

Decided on June 1, 2018

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This opinion is uncorrected and will not be published in the printed Official Reports.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 1, 2018

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2015-2280 K C

Active Care Medical Supply Corp., as Assignee of Thompson Justin, Appellant,
against
American Transit Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Daniel J. Tucker, Esq. (Daniel J. Tucker and Netanel BenChaim of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered July 9, 2015. The order granted defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with $25 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.

For the reasons stated in Active Care Med. Supply Corp., as Assignee of Munoz, Lina M. v American Tr. Ins. Co. (— Misc 3d &mdash, 2018 NY Slip Op — [appeal No. 2015-2178 K C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: June 01, 2018