February 1, 2013

D & R Med. Supply, Inc. v Liberty Mut. Ins. Co. (2013 NY Slip Op 50179(U))

Headnote

The relevant facts of the case were that D & R Medical Supply, Inc. was seeking to recover assigned first-party no-fault benefits and appealed from an order that denied its motion for summary judgment and granted the defendant's cross motion for summary judgment dismissing the complaint. The main issue decided in this case was whether the provider was entitled to recover assigned first-party no-fault benefits. The holding of the court was that the order denying plaintiff's motion for summary judgment and granting defendant's cross motion for summary judgment was affirmed, with $25 costs. This decision was based on the reasons stated in a previous case, D & R Med. Supply v American Tr. Ins. Co., where similar issues were decided.

Reported in New York Official Reports at D & R Med. Supply, Inc. v Liberty Mut. Ins. Co. (2013 NY Slip Op 50179(U))

D & R Med. Supply, Inc. v Liberty Mut. Ins. Co. (2013 NY Slip Op 50179(U)) [*1]

D & R Med. Supply, Inc. v Liberty Mut. Ins. Co.

2013 NY Slip Op 50179(U) [38 Misc 3d 137(A)]

Decided on February 1, 2013

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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 1, 2013

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

PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2010-2768 K C.

D & R Medical Supply, Inc. as Assignee of MARINA LEBEDEVA, Appellant, —
against
Liberty Mutual Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Reginald A. Boddie, J.), entered August 4, 2010. The order denied plaintiff’s motion for summary judgment and granted defendant’s cross motion, in effect, 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 that denied its motion for summary judgment and granted defendant’s cross motion, in effect, for summary judgment dismissing the complaint.

For the reasons stated in D & R Med. Supply v American Tr. Ins. Co. (32 Misc 3d 144[A], 2011 NY Slip Op 51727[U] [App Term, 2d, 11th & 13th Jud Dists 2011]), the order is affirmed.

Pesce, P.J., Weston and Rios, JJ., concur. [*2]
Decision Date: February 01, 2013