May 10, 2019

Blackman v Allstate Ins. Co. (2019 NY Slip Op 50750(U))

Headnote

The relevant facts the court considered in this case were that Noel E. Blackman, M.D., as Assignee of Levent, Emek, appealed the denial of his motion for summary judgment and the grant of defendant Allstate Insurance Company's cross motion for summary judgment dismissing the complaint. The main issue decided was whether the provider should recover assigned first-party no-fault benefits, and the holding was that the order was modified to deny defendant's cross motion for summary judgment dismissing the complaint. The court cited a similar case in its decision, Metro Psychological Servs., P.C., as Assignee of Adams Kenneth v Allstate Ins. Co., and ultimately upheld the denial of the defendant's cross motion for summary judgment.

Reported in New York Official Reports at Blackman v Allstate Ins. Co. (2019 NY Slip Op 50750(U))

Blackman v Allstate Ins. Co. (2019 NY Slip Op 50750(U)) [*1]

Blackman v Allstate Ins. Co.

2019 NY Slip Op 50750(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2016-2999 K C

Noel E. Blackman, M.D., as Assignee of Levent, Emek, Appellant,
against
Allstate Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Peter C. Merani, P.C. (Eric M. Wahrburg 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 August 23, 2016. 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 modified by providing that defendant’s cross motion for summary judgment dismissing the complaint 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 denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint.

For the reasons stated in Metro Psychological Servs., P.C., as Assignee of Adams Kenneth v Allstate Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2016-2907 K C], decided herewith), the order is modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied.

PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk
Decision Date: May 10, 2019