September 15, 2016

TAM Med. Supply Corp. v State Farm Mut. Auto. Ins. Co. (2016 NY Slip Op 51327(U))

Headnote

The court considered the appeal from an order of the Civil Court granting the defendant's motion for summary judgment dismissing the complaint. The main issue decided was whether the provider, TAM Medical Supply Corp., could recover assigned first-party no-fault benefits. The holding of the court was that the order granting the defendant's motion for summary judgment was affirmed, with $25 costs, for the same reasons as stated in a previous case, Metro Health Prods., Inc. v State Farm Mut. Auto. Ins. Co. The decision was reached by Pesce, P.J., Aliotta and Solomon, JJ. on September 15, 2016.

Reported in New York Official Reports at TAM Med. Supply Corp. v State Farm Mut. Auto. Ins. Co. (2016 NY Slip Op 51327(U))

TAM Med. Supply Corp. v State Farm Mut. Auto. Ins. Co. (2016 NY Slip Op 51327(U)) [*1]

TAM Med. Supply Corp. v State Farm Mut. Auto. Ins. Co.

2016 NY Slip Op 51327(U) [53 Misc 3d 128(A)]

Decided on September 15, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 15, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2014-515 Q C

TAM Medical Supply Corp., as Assignee of Clifton Carr, 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 (Larry Love, J.), entered February 25, 2014. 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 15, 2016