December 22, 2017

Fine Arts PT, P.C. v Country-Wide Ins. Co. (2017 NY Slip Op 51854(U))

Headnote

The court considered a motion for summary judgment by the plaintiff, a provider seeking to recover first-party no-fault benefits, as well as a cross motion for summary judgment by the defendant seeking to dismiss the complaint. The main issue decided was whether the plaintiff was entitled to summary judgment and whether the defendant was entitled to dismiss the complaint. The court held that the order denying the plaintiff's motion and granting the defendant's cross motion was affirmed, with the defendant being awarded $25 in costs. The decision was consistent with a similar decision in another case, MT Servs. P.T., P.C, as Assignee of Richardson Steven v Country-Wide Ins. Co, which was decided in the same manner.

Reported in New York Official Reports at Fine Arts PT, P.C. v Country-Wide Ins. Co. (2017 NY Slip Op 51854(U))

Fine Arts PT, P.C. v Country-Wide Ins. Co. (2017 NY Slip Op 51854(U)) [*1]

Fine Arts PT, P.C. v Country-Wide Ins. Co.

2017 NY Slip Op 51854(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2015-288 Q C

Fine Arts PT, P.C., as Assignee of Vertilus Lesly, 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 (Richard G. Latin, J.), entered December 3, 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 3, 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