October 11, 2019

Parisien v Omni Indem. Co. (2019 NY Slip Op 51621(U))

Headnote

The provider's judgment for assigned no-fault benefits after a nonjury trial was reversed in the insurer's favor. The Appellate Term, Second Department, relied on the reasons stated in Maria S. Masigla, P.T. v Omni Indem. Co. It remitted the matter for entry of judgment dismissing the complaint without giving independent reasoning.

Reported in New York Official Reports at Parisien v Omni Indem. Co. (2019 NY Slip Op 51621(U))

[*1]
Parisien v Omni Indem. Co.
2019 NY Slip Op 51621(U) [65 Misc 3d 134(A)]
Decided on October 11, 2019
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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 11, 2019
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : MICHAEL L. PESCE, P.J., MICHELLE WESTON, DAVID ELLIOT, JJ
2018-496 K C

Jules Francois Parisien, M.D., as Assignee of Darwin, Ihuoma G., Respondent,

against

Omni Indemnity Company, Appellant.


Freiberg, Peck & Kang, LLP (Yilo J. Kang of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell and Karina Barska of counsel), for respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Andrew Borrok, J.), entered January 2, 2018. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $969.53.

ORDERED that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for the entry of a judgment in favor of defendant dismissing the complaint.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from a judgment which, after a nonjury trial, awarded plaintiff the principal sum of $969.53.

For the reasons stated in Maria S. Masigla, P.T. v Omni Indem. Co. (64 Misc 3d 147[A], 2019 NY Slip Op 51362[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]), the judgment is reversed and the matter is remitted to the Civil Court for the entry of a judgment in favor of defendant dismissing the complaint.

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


ENTER:
Paul Kenny
Chief Clerk
Decision Date: October 11, 2019

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