November 9, 2018

Jamaica Wellness Med., P.C. v Hereford Ins. Co. (2018 NY Slip Op 51587(U))

Headnote

The court considered an order from the Civil Court that granted the defendant's motion for summary judgment dismissing the complaint filed by the providers to recover assigned first-party no-fault benefits. The order also denied the plaintiff's cross motion for summary judgment. The main issue before the court was whether the insured vehicle had been involved in the alleged accident on February 13, 2013. The court affirmed the order, stating that for the reasons given in another case, the defendant's motion for summary judgment was granted. The decision was held in favor of the defendant, Hereford Insurance Company, affirming the order from the lower court.

Reported in New York Official Reports at Jamaica Wellness Med., P.C. v Hereford Ins. Co. (2018 NY Slip Op 51587(U))

Jamaica Wellness Med., P.C. v Hereford Ins. Co. (2018 NY Slip Op 51587(U)) [*1]

Jamaica Wellness Med., P.C. v Hereford Ins. Co.

2018 NY Slip Op 51587(U) [61 Misc 3d 138(A)]

Decided on November 9, 2018

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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 9, 2018

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2015-2743 K C

Jamaica Wellness Medical, P.C. and City Care Acupuncture, P.C., as Assignees of Nelson Shaquan, Appellants,
against
Hereford Insurance Company, Respondent.

Law Office of Melissa Betancourt, P.C. (Melissa Betancourt of counsel) for appellants. Law Office of Lawrence R. Miles (Thomas Wolf of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Reginald A. Boddie, J.), entered September 25, 2015. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiffs’ cross motion for summary judgment.

ORDERED that the order is affirmed, with $25 costs.

In this action by providers to recover assigned first-party no-fault benefits, plaintiffs appeal 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 on February 13, 2013, and denied plaintiffs’ cross motion for summary judgment.

For the reasons stated in Jamaica Wellness Med., P.C., as Assignee of Nelson Shaquan v Hereford Ins. Co. (__ Misc 3d ___, 2018 NY Slip Op _____ [appeal No. 2015-2655 K C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 09, 2018