September 22, 2017

Island Life Chiropractic, P.C. v Omni Indem. Co. (2017 NY Slip Op 51258(U))

Headnote

The insurer's summary judgment dismissing the complaint was affirmed on its defense that it had issued no policy covering the loss. The Appellate Term, Second Department, relied on the reasons stated in TAM Med. Supply Corp. v Omni Indem. Co. to uphold dismissal of the provider's assigned no-fault claim for suing the wrong party.

Reported in New York Official Reports at Island Life Chiropractic, P.C. v Omni Indem. Co. (2017 NY Slip Op 51258(U))

[*1]
Island Life Chiropractic, P.C. v Omni Indem. Co.
2017 NY Slip Op 51258(U) [57 Misc 3d 134(A)]
Decided on September 22, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 22, 2017
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
2014-2100 Q C

Island Life Chiropractic, P.C., as Assignee of Vernizier, Jean Willy, Appellant,

against

Omni Indemnity Company, Respondent.


The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Freiberg, Peck & Kang, LLP (Yilo J. Kang, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered August 8, 2014. 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 which granted defendant’s motion for summary judgment dismissing the complaint on the ground that defendant had not issued an insurance policy covering the subject loss and, thus, that plaintiff had sued the wrong party.

For the reasons stated in TAM Med. Supply Corp. v Omni Indem. Co. (48 Misc 3d 142[A], 2015 NY Slip Op 51294[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]), the order is affirmed.

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


ENTER:
Paul Kenny
Chief Clerk
Decision Date: September 22, 2017

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