August 2, 2019

Dabiri v Allstate Ins. Co. (2019 NY Slip Op 51277(U))

Headnote

The relevant facts considered by the court included a provider seeking to recover first-party no-fault benefits and an order of the Civil Court granting the defendant's motion for summary judgment dismissing the complaint. The main issue decided in the case was whether the insured vehicle had been involved in the alleged accident in question. The holding of the case was that the order granting defendant's motion for summary judgment was affirmed, as the court found that the insured vehicle had not been involved in the accident, and denied the plaintiff's cross motion for summary judgment.

Reported in New York Official Reports at Dabiri v Allstate Ins. Co. (2019 NY Slip Op 51277(U))

Dabiri v Allstate Ins. Co. (2019 NY Slip Op 51277(U)) [*1]

Dabiri v Allstate Ins. Co.

2019 NY Slip Op 51277(U) [64 Misc 3d 143(A)]

Decided on August 2, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 2, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ
2017-1961 K C

Luqman Dabiri, M.D., as Assignee of Abner Vital, Appellant,
against
Allstate Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Abrams, Cohen & Associates, P.C. (Frank Piccininni of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Richard J. Montelione, J.), entered January 17, 2017. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment.

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 on the ground that the insured vehicle had not been involved in the alleged accident in question, and denied plaintiff’s cross motion for summary judgment.

For the reasons stated in Parisien, as Assignee of Vital Abner v Allstate Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-445 K C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 02, 2019