November 15, 2012

Canarsie Med. Health, P.C. v MVAIC (2012 NY Slip Op 52113(U))

Headnote

A provider sued MVAIC for no-fault benefits, and the Civil Court denied MVAIC's motion for summary judgment and granted the plaintiff's cross motion. The Appellate Term, citing its decision in a related appeal between the same parties, modified the order by denying the plaintiff's motion for summary judgment. As modified, the order was affirmed, leaving the claim to be resolved further.

Reported in New York Official Reports at Canarsie Med. Health, P.C. v MVAIC (2012 NY Slip Op 52113(U))

[*1]
Canarsie Med. Health, P.C. v MVAIC
2012 NY Slip Op 52113(U) [37 Misc 3d 135(A)]
Decided on November 15, 2012
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 15, 2012
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Shulman, J.P., Hunter, Jr., Torres, JJ
570047/12.

Canarsie Medical Health, P.C. a/a/o Alfonzo Johnson, Plaintiffs-Respondents, – –

against

MVAIC, Defendant-Appellant.


Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered March 23, 2011, which denied its motion for summary judgment dismissing the complaint and granted plaintiff’s cross motion for summary judgment.


Per Curiam.

Order (Fernando Tapia, J.), entered March 23, 2011, modified by denying plaintiff’s motion for summary judgment; as modified, order affirmed, with $10 costs. (See Canarsie Medical Health, P.C. a/a/o Alfonzo Johnson v MVAIC, 36 Misc 3d 133[A], 2012 NY Slip Op 51305 [App Term, 1st Dept 2012].)

THIS CONSTITUTES THE ORDER OF THE COURT.

Decision Date: November 15, 2012