May 10, 2019

Parisien v Allstate Ins. Co. (2019 NY Slip Op 50745(U))

Headnote

The court considered the denial of the defendant's motion for summary judgment in a case brought by a medical provider to recover assigned first-party no-fault benefits. The main issue decided was whether the defendant's motion for summary judgment should be granted or denied. The holding of the case was that the order denying the defendant's motion for summary judgment was affirmed, with the court concurring. The specific reasons for the decision were not provided in the summary.

Reported in New York Official Reports at Parisien v Allstate Ins. Co. (2019 NY Slip Op 50745(U))

Parisien v Allstate Ins. Co. (2019 NY Slip Op 50745(U)) [*1]

Parisien v Allstate Ins. Co.

2019 NY Slip Op 50745(U) [63 Misc 3d 151(A)]

Decided on May 10, 2019

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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 10, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2016-2888 K C

Jules Francois Parisien, M.D., as Assignee of Nigel Fisher, Respondent,
against
Allstate Insurance Company, Appellant.

Peter C. Merani, P.C. (Eric M. Wahrburg of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Theresa M. Ciccotto, J.), entered August 5, 2016. The order denied defendant’s 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, defendant appeals from an order of the Civil Court which denied defendant’s motion for summary judgment dismissing the complaint.

For the reasons stated in Metro Psychological Servs., P.C., as Assignee of Adams Kenneth v Allstate Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2016-2907 K C], decided herewith), the order is affirmed.

PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk
Decision Date: May 10, 2019