December 22, 2017

Avenue I Med., P.C. v Country-Wide Ins. Co. (2017 NY Slip Op 51852(U))

Headnote

The relevant facts considered by the court were the denial of plaintiff's motion for summary judgment and the granting of defendant's cross motion for summary judgment dismissing the complaint. The main issue decided by the court was whether the provider was entitled to recover assigned first-party no-fault benefits, and the holding of the court was that the order denying plaintiff's motion and granting defendant's cross motion was affirmed. The court referenced a similar case, MT Servs. P.T., P.C., as Assignee of Richardson Steven v Country-Wide Ins. Co., and based its decision on the reasons stated in that case. Therefore, the court affirmed the decision of the Civil Court to deny the plaintiff's motion and to grant the defendant's cross motion for summary judgment.

Reported in New York Official Reports at Avenue I Med., P.C. v Country-Wide Ins. Co. (2017 NY Slip Op 51852(U))

Avenue I Med., P.C. v Country-Wide Ins. Co. (2017 NY Slip Op 51852(U)) [*1]

Avenue I Med., P.C. v Country-Wide Ins. Co.

2017 NY Slip Op 51852(U) [58 Misc 3d 139(A)]

Decided on December 22, 2017

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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 22, 2017
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
2015-156 Q C

Avenue I Medical, P.C., as Assignee of Floyd Joseph, Appellant,
against
Country-Wide Ins. Co., Respondent.

Petre and Zabokritsky, P.C., (Zachary Rozenberg, Esq.), for appellant. Jaffe & Koumourdas, LLP (Jean H. Kang, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered December 2, 2014. The order denied plaintiff’s motion for summary judgment and granted defendant’s cross 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 moved for summary judgment and defendant cross-moved for summary judgment dismissing the complaint. By order entered December 2, 2014, the Civil Court denied plaintiff’s motion and granted defendant’s cross motion.

For the reasons stated in MT Servs. P.T., P.C., as Assignee of Richardson Steven v Country-Wide Ins. Co. (__ Misc 3d___, 2017 NY Slip Op ____[appeal No. 2015-155 Q C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: December 22, 2017