August 26, 2013

Pollenex Servs., Inc. v Geico Gen. Ins. Co. (2013 NY Slip Op 51459(U))

Headnote

The court considered an appeal from an order of the Civil Court of the City of New York, Kings County, denying the plaintiff's motion for summary judgment in a case involving the recovery of assigned first-party no-fault benefits. The main issue decided was whether the denial of the plaintiff's motion for summary judgment was appropriate, and the court ultimately reversed the order and granted the plaintiff's motion for summary judgment. The holding of the case was that the matter was remitted to the Civil Court for a calculation of statutory interest and an assessment of attorney's fees pursuant to Insurance Law § 5106 and the regulations promulgated thereunder. The Appellate Term, Second Department, made the decision on August 26, 2013.

Reported in New York Official Reports at Pollenex Servs., Inc. v Geico Gen. Ins. Co. (2013 NY Slip Op 51459(U))

Pollenex Servs., Inc. v Geico Gen. Ins. Co. (2013 NY Slip Op 51459(U)) [*1]

Pollenex Servs., Inc. v Geico Gen. Ins. Co.

2013 NY Slip Op 51459(U) [40 Misc 3d 140(A)]

Decided on August 26, 2013

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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 26, 2013

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ
2011-2498 K C.

Pollenex Services, Inc. as Assignee of SALIH CANSEV, Appellant, —
against
Geico General Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Pamela L. Fisher, J.), entered June 17, 2011. The order, insofar as appealed from, denied plaintiff’s motion for summary judgment.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, plaintiff’s motion for summary judgment is granted, and the matter is remitted to the Civil Court for a calculation of statutory interest and an assessment of attorney’s fees. [*2]

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from so much of an order of the Civil Court as denied plaintiff’s motion for summary judgment.

For the reasons stated in LOF Med. Supply, Inc. v Geico Gen. Ins. Co. (39 Misc 3d 136[A], 2013 NY Slip Op 50595[U] [App Term, 2d, 11th & 13th Jud Dists 2013]), the order, insofar as appealed from, is reversed, plaintiff’s motion for summary judgment is granted, and the matter is remitted to the Civil Court for a calculation of statutory interest and an assessment of attorney’s fees pursuant to Insurance Law § 5106 and the regulations promulgated thereunder.

Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: August 26, 2013