March 31, 2017

Mind & Body Acupuncture, P.C. v Infinity Prop. & Cas. Co. (2017 NY Slip Op 50396(U))

Headnote

The insurer's motion for summary judgment dismissing the provider's assigned no-fault claims was granted on appeal. The Appellate Term, Second Department, reversed the denial for the reasons stated in Delta Diagnostic Radiology, P.C. v Infinity Group, also citing the companion appeal involving Remedial Medical Care, P.C., decided the same day, No. 2015-397 K C, without independently identifying the defense or explaining its reasoning.

Reported in New York Official Reports at Mind & Body Acupuncture, P.C. v Infinity Prop. & Cas. Co. (2017 NY Slip Op 50396(U))

[*1]
Mind & Body Acupuncture, P.C. v Infinity Prop. & Cas. Co.
2017 NY Slip Op 50396(U) [55 Misc 3d 130(A)]
Decided on March 31, 2017
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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 31, 2017
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : MICHAEL L. PESCE, P.J. MICHELLE WESTON THOMAS P. ALIOTTA, JJ.
2015-403 K C

Mind & Body Acupuncture, P.C., as Assignee of Jermaine Lyte, Respondent,

against

Infinity Property & Casualty Co., Appellant.


Freiberg, Peck & Kang, LLP, Yilo J. Kang, Esq., for appellant. Kopelevich & Feldsherova, P.C., Galina Feldsherova, Esq., for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered October 3, 2014. The order denied defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant’s motion for summary judgment dismissing the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, by order entered October 3, 2014, the Civil Court denied defendant’s motion for summary judgment dismissing the complaint.

For the reasons stated in Delta Diagnostic Radiology, P.C. v Infinity Group (49 Misc 3d 42 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]), the order is reversed and defendant’s motion for summary judgment dismissing the complaint is granted (see also Remedial Med. Care, P.C., as Assignee of Jermaine Lyte v Infinity Prop. & Cas. Co., __ Misc 3d ___, 2017 NY Slip Op____ [appeal No. 2015-397 K C], decided herewith).

PESCE, P.J., WESTON and ALIOTTA, JJ., concur.



ENTER:

Paul Kenny


Chief Clerk
Decision Date: March 31, 2017

Cited in this decision

Similar decisions