May 10, 2019

Active Care Med. Supply Corp. v American Tr. Ins. Co. (2019 NY Slip Op 50747(U))

Headnote

The court considered an appeal from an order of the Civil Court of New York denying the provider's motion for summary judgment seeking to recover assigned first-party no-fault benefits. The court also granted the defendant's cross motion for summary judgment seeking to dismiss that cause of action. The main issue decided was whether the plaintiff was entitled to summary judgment to recover no-fault benefits, and if the defendant was entitled to summary judgment dismissing the cause of action. The holding of the case was that the order denying the plaintiff's motion for summary judgment and granting the defendant's cross motion for summary judgment was affirmed. Therefore, the plaintiff was not entitled to recover assigned first-party no-fault benefits and the defendant was entitled to dismiss the cause of action.

Reported in New York Official Reports at Active Care Med. Supply Corp. v American Tr. Ins. Co. (2019 NY Slip Op 50747(U))

Active Care Med. Supply Corp. v American Tr. Ins. Co. (2019 NY Slip Op 50747(U)) [*1]

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

2019 NY Slip Op 50747(U) [63 Misc 3d 151(A)]

Decided on May 10, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 10, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2016-2906 K C

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

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Office of Daniel J. Tucker, for respondent (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Kings County (Richard J. Montelione, J.), entered September 12, 2016. The order, insofar as appealed from, denied the branch of plaintiff’s motion seeking summary judgment upon the first cause of action and granted the branch of defendant’s cross motion for summary judgment seeking summary judgment dismissing that cause of action.

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 from so much of an order of the Civil Court as denied the branch of plaintiff’s motion seeking summary judgment upon the first cause of action and granted the branch of defendant’s cross motion seeking summary judgment dismissing that cause of action.

For the reasons stated in Active Care Med. Supply Corp., as Assignee of Wilson, Andrae v American Tr. Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2016-2883 K C], decided herewith), the order, insofar as appealed from, is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: May 10, 2019