October 13, 2016

New Way Med. Supply Corp. v American Tr. Ins. Co. (2016 NY Slip Op 51518(U))

Headnote

The court considered the denial of plaintiff's motion for summary judgment and the granting of defendant's cross motion for summary judgment in a case where a provider sought to recover assigned first-party no-fault benefits. The main issue decided was whether the provider was entitled to recover assigned first-party no-fault benefits from the insurance company, and the court ultimately held that the order denying plaintiff's motion for summary judgment and granting defendant's cross motion for summary judgment was affirmed. The court's decision was based on the reasoning stated in Metro Health Prods., Inc. as Assignee of Omar Boyce v American Tr. Ins. Co., and the decision was made by Pesce, P.J., Aliotta and Solomon, JJ. on October 13, 2016.

Reported in New York Official Reports at New Way Med. Supply Corp. v American Tr. Ins. Co. (2016 NY Slip Op 51518(U))

New Way Med. Supply Corp. v American Tr. Ins. Co. (2016 NY Slip Op 51518(U)) [*1]

New Way Med. Supply Corp. v American Tr. Ins. Co.

2016 NY Slip Op 51518(U) [53 Misc 3d 140(A)]

Decided on October 13, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 13, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-2720 Q C

New Way Medical Supply Corp., as Assignee of SHAQUAN DANJOU, Appellant,
against
American Transit Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered October 16, 2013. 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 appeals from an order of the Civil Court which denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint.

For the reasons stated in Metro Health Prods., Inc. as Assignee of Omar Boyce, v American Tr. Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op ___ [appeal No. 2013-2498 K C], decided herewith), the order is affirmed.

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

Decision Date: October 13, 2016