February 27, 2026
Burke Physical Therapy, P.C. v State Farm Mut. Auto. Ins. Co. (2026 NY Slip Op 50673(U))
Headnote
Reported in New York Official Reports at Burke Physical Therapy, P.C. v State Farm Mut. Auto. Ins. Co. (2026 NY Slip Op 50673(U))
| Burke Physical Therapy, P.C. v State Farm Mut. Auto. Ins. Co. |
| 2026 NY Slip Op 50673(U) [88 Misc 3d 134(A)] |
| Decided on February 27, 2026 |
| Appellate Term, Second Department |
| As corrected in part through July 17, 2026; it will not be published in the printed Official Reports. |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
Burke Physical Therapy, P.C., as Assignee of Springer, John, Appellant,
v
State Farm Mutual Automobile Ins. Co., Respondent.
Supreme Court, Appellate Term, Second Department, 2d, 11th And 13th Judicial Districts
Decided on February 27, 2026
2023-1126 K C
Present: : Chereé A. Buggs, J.P., Marina Cora Mundy, Lisa S. Ottley, JJ
The Rybak Firm, PLLC (Oleg Rybak and Richard Rozhik of counsel), for appellant.
Rivkin Radler, LLP (Stuart M. Bodoff of counsel), for respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Sandra E. Roper, J.), dated September 8, 2023. The order, insofar as appealed from and as limited by the brief, granted the branches of defendant’s cross-motion seeking summary judgment dismissing the first through eighth causes of action.
[*1]ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals, as limited by its brief, from so much of an order of the Civil Court (Sandra E. Roper, J.) dated September 8, 2023 as granted the branches of defendant’s cross-motion seeking summary judgment dismissing the first through eighth causes of action. Plaintiff argues on appeal that the matter should be remitted to the Civil Court for consideration of what plaintiff denominated as amended opposition to defendant’s cross-motion for summary judgment dismissing the complaint or, in the alternative, that the branches of defendant’s cross-motion seeking summary judgment dismissing the first through eighth causes of action should be denied.
For the reasons stated in Burke Physical Therapy, P.C. v State Farm Mut. Auto. Ins. Co. (86 Misc 3d 128[A], 2025 NY Slip Op 50836[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists [*2]2025]), the order, insofar as appealed from, is affirmed.
BUGGS, J.P., MUNDY and OTTLEY, JJ., concur.
ENTER:
Jennifer Chan
Chief Clerk
Decision Date: February 27, 2026
Cited in this decision
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