Active Care Med. Supply Corp. v MVAIC (2019 NY Slip Op 52058(U))

Reported in New York Official Reports at Active Care Med. Supply Corp. v MVAIC (2019 NY Slip Op 52058(U))

Marshall & Marshall, PLLC (Frank D’Esposito of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), entered May 23, 2018, deemed from a judgment of that court entered June 14, 2018 (see CPLR 5501 [c]). The judgment, entered pursuant to the May 23, 2018 order denying defendant’s motion for summary judgment dismissing the complaint and granting plaintiff’s cross motion for summary judgment, awarded plaintiff the principal sum of $7,071.54.

ORDERED that the judgment is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint on the ground that plaintiff had failed to provide requested verification. Plaintiff cross-moved for summary judgment. By order entered May 23, 2018, the Civil Court denied defendant’s motion and granted plaintiff’s cross motion. A judgment was subsequently entered on June 14, 2018, from which the appeal is deemed to have been taken (see CPLR 5501 [c]).

For the reasons set forth in Daily Med. Equip. Distrib. Ctr., Inc. v MVAIC (53 Misc 3d 148[A], 2016 NY Slip Op 51622[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016]), the judgment is affirmed.

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