Natural Therapy Acupuncture, P.C. v Geico Ins. Co. (2015 NY Slip Op 51881(U))

Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses B. Leverett, J.), dated May 20, 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 modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without costs.

Plaintiff’s assignor was injured in a motor vehicle accident while riding in a vehicle which was insured by a New Jersey automobile insurance policy issued by defendant. Thereafter, plaintiff commenced this action to recover, among other things, assigned first-party no-fault benefits for the services it had rendered to its assignor, alleging that its claims were unpaid. Plaintiff moved for summary judgment, and defendant cross-moved for summary judgment dismissing the complaint. In support of its cross motion, defendant argued, among other things, that New Jersey law controlled; that New Jersey law and the insurance policy in question require that the matter be submitted to arbitration; and that this “suit is not properly before this court as it has no jurisdiction, and must dismiss the case.” Defendant did not move to compel arbitration. The Civil Court denied plaintiff’s motion and granted defendant’s cross motion.

For the reasons stated in Natural Therapy Acupuncture, P.C. as Assignee of Leila Milfort v Geico Ins. Co. (____ Misc 3d ____, 2015 NY Slip Op _____ [appeal No. 2014-1315 Q C], decided herewith), the order is modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied.