January 16, 2026

Kalitenko v Nationwide Mut. Fire Ins. Co. (2026 NY Slip Op 50186(U))

Headnote

The court considered the case involving a healthcare provider's attempt to recover assigned first-party no-fault benefits from an insurance company. The central issue was whether the insurance company was liable to pay the benefits claimed for medical services rendered to the injured party. The court examined the defendant's motion for summary judgment, which sought to dismiss the complaint on grounds that were not specified in the summary. Ultimately, the court affirmed the lower court's decision, granting summary judgment in favor of the insurance company and dismissing the complaint, thereby ruling against the provider's claim for recovery of the no-fault benefits.

Reported in New York Official Reports at Kalitenko v Nationwide Mut. Fire Ins. Co. (2026 NY Slip Op 50186(U))

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Kalitenko v Nationwide Mut. Fire Ins. Co.

2026 NY Slip Op 50186(U) [88 Misc 3d 127(A)]

Decided on January 16, 2026

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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 16, 2026

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

PRESENT: : WAVNY TOUSSAINT, P.J., MARINA CORA MUNDY, LISA S. OTTLEY, JJ
2024-877 RI C

Sergey Kalitenko, M.D., as Assignee of Wascar Gomez-Hernandez, Appellant,

against

Nationwide Mutual Fire Insurance Company, Respondent.

Kopelevich & Feldsherova, P.C. (Galina Feldsherova of counsel), for appellant. Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Richmond County (Robert J. Helbock, J.), dated August 15, 2024. 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 (Robert J. Helbock, J.) dated August 15, 2024 granting defendant’s motion for summary judgment dismissing the complaint.

For the reasons stated in Kalitenko, as Assignee of Wascar Gomez-Hernandez v Nationwide Mut. Fire Ins. Co. (— Misc 3d —, 2026 NY Slip Op — [appeal No. 2024-874 RI C], decided herewith), the order is affirmed.

TOUSSAINT, P.J., MUNDY and OTTLEY, JJ., concur.

ENTER:
Jennifer Chan
Chief Clerk
Decision Date: January 16, 2026