September 19, 2016

Prime Diagnostic Med., P.C. v State Farm Mut. Auto. Ins. Co. (2016 NY Slip Op 51363(U))

Headnote

The relevant facts the court considered in this case were that Prime Diagnostic Medical, P.C. was seeking to recover first-party no-fault benefits from State Farm Mutual Automobile Insurance Co. as the assignee of Erika Perez. The main issue decided was whether the provider was entitled to recover the assigned benefits, and the court ultimately affirmed the lower court's decision to grant the defendant's motion for summary judgment dismissing the complaint. The holding of the case was that the order to grant the defendant's motion for summary judgment was affirmed, with the court concurring on this decision.

Reported in New York Official Reports at Prime Diagnostic Med., P.C. v State Farm Mut. Auto. Ins. Co. (2016 NY Slip Op 51363(U))

Prime Diagnostic Med., P.C. v State Farm Mut. Auto. Ins. Co. (2016 NY Slip Op 51363(U)) [*1]

Prime Diagnostic Med., P.C. v State Farm Mut. Auto. Ins. Co.

2016 NY Slip Op 51363(U) [53 Misc 3d 130(A)]

Decided on September 19, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 19, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-2709 Q C

Prime Diagnostic Medical, P.C., as Assignee of ERIKA PEREZ, Appellant,
against
State Farm Mutual Automobile Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered November 19, 2013. The order granted 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, plaintiff appeals from an order of the Civil Court which granted defendant’s motion for summary judgment dismissing the complaint.

For the reasons stated in Metro Health Prods., Inc. v State Farm Mut. Auto. Ins. Co. (49 Misc 3d 130[A], 2015 NY Slip Op 51419[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]), the order is affirmed.

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

Decision Date: September 19, 2016