June 3, 2016

GBI Acupuncture, P.C. v Tri State Consumers Ins. Co. (2016 NY Slip Op 50859(U))

Headnote

The relevant facts considered by the court in this case were that GBI Acupuncture, P.C., as the assignee of Sofia Gjonbalaj, brought an action against Tri State Consumers Ins. Co. to recover assigned first-party no-fault benefits. The main issue decided by the court was whether the defendant had fully paid the plaintiff in accordance with the workers' compensation fee schedule. The holding of the case was that the Civil Court granted the defendant's motion for summary judgment, and the Appellate Term affirmed this decision. The court referenced a similar case, Renelique, as Assignee of Yvon Delgado v Tri State Consumers Ins. Co., in making their decision.

Reported in New York Official Reports at GBI Acupuncture, P.C. v Tri State Consumers Ins. Co. (2016 NY Slip Op 50859(U))

GBI Acupuncture, P.C. v Tri State Consumers Ins. Co. (2016 NY Slip Op 50859(U)) [*1]

GBI Acupuncture, P.C. v Tri State Consumers Ins. Co.

2016 NY Slip Op 50859(U) [51 Misc 3d 150(A)]

Decided on June 3, 2016

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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 3, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-1419 K C

GBI Acupuncture, P.C., as Assignee of SOFIA GJONBALAJ, Appellant,
against
Tri State Consumers Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered April 12, 2013. The order granted defendant’s 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, defendant moved for summary judgment dismissing the complaint, arguing that it had fully paid plaintiff in accordance with the workers’ compensation fee schedule. The Civil Court granted defendant’s motion.

For the reasons stated in Renelique, as Assignee of Yvon Delgado v Tri State Consumers Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op _____ [appeal No. 2013-1709 Q C], decided herewith), the order is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.

Decision Date: June 03, 2016