February 24, 2015

Vital Meridian Acupuncture, P.C. v Republic W. Ins. Co. (2015 NY Slip Op 50221(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 an action to recover assigned first-party no-fault benefits. The main issue decided was whether the action is barred by the doctrines of res judicata and collateral estoppel, in light of a previous case involving the same plaintiff and defendant. The court held that the action is indeed barred by the doctrines of res judicata and collateral estoppel, affirming the order denying plaintiff's motion for summary judgment and granting defendant's cross motion for summary judgment dismissing the complaint.

Reported in New York Official Reports at Vital Meridian Acupuncture, P.C. v Republic W. Ins. Co. (2015 NY Slip Op 50221(U))

Vital Meridian Acupuncture, P.C. v Republic W. Ins. Co. (2015 NY Slip Op 50221(U)) [*1]

Vital Meridian Acupuncture, P.C. v Republic W. Ins. Co.

2015 NY Slip Op 50221(U) [46 Misc 3d 146(A)]

Decided on February 24, 2015

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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 24, 2015

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

PRESENT: : PESCE, P.J., WESTON and ALIOTTA, JJ.
&em;

Vital Meridian Acupuncture, P.C. as Assignee of MARIA TAVARES, Appellant,
against
Republic Western Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), entered May 13, 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 to recover assigned first-party no-fault benefits, plaintiff seeks to recover for services it provided to its assignor, who had sustained injuries in a motor vehicle accident that had occurred on February 13, 2011. Plaintiff appeals from an order of the Civil Court entered May 13, 2013 which denied plaintiff’s motion for summary judgment, and granted defendant’s cross motion for summary judgment dismissing the complaint on the ground that the action is barred by the doctrines of res judicata and collateral estoppel.

For the reasons stated in Vital Meridian Acupuncture, P.C. as Assignee of Gustavo Pichardo v Republic W. Ins. Co. (__ Misc 3d __, 2015 NY Slip Op _____ [appeal No. 2013-1661 K C], decided herewith), the order is affirmed.

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

Decision Date: February 24, 2015