June 10, 2022

Charles Deng Acupuncture, P.C. v Nationwide Ins. (2022 NY Slip Op 50580(U))

https://www.beynensonlaw.com/case-law/charles-deng-acupuncture-p-c-v-nationwide-ins-2022-ny-slip-op50580u/

Court
Appellate Term, Second Department
Decided
June 10, 2022
Citation
2022 NY Slip Op 50580(U) · 75 Misc 3d 138(A)
Posture
Summary judgment
Outcome
Insurer prevailed
Issues
Other
Cite as
Charles Deng Acupuncture, P.C. v Nationwide Ins., 75 Misc 3d 138(A), 2022 NY Slip Op 50580(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022)

Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.

Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

The provider's arguments against the insurer's summary judgment motion were unpreserved because they were raised for the first time on appeal. The Appellate Term, Second Department, affirmed the order granting the insurer summary judgment dismissing the action for assigned first-party no-fault benefits. Following Joe v Upper Room Ministries, Inc. and Gulf Ins. Co. v Kanen, the court declined to consider those arguments.

Reported in New York Official Reports at Charles Deng Acupuncture, P.C. v Nationwide Ins. (2022 NY Slip Op 50580(U))

[*1]
Charles Deng Acupuncture, P.C. v Nationwide Ins.
2022 NY Slip Op 50580(U) [75 Misc 3d 138(A)]
Decided on June 10, 2022
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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 10, 2022

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS


PRESENT: : THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ
2020-300 K C
Charles Deng Acupuncture, P.C., as Assignee of Smith, Lendell, Appellant,

against

Nationwide Ins., Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered August 8, 2019. 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.

Plaintiff’s arguments as to why defendant’s motion for summary judgment should have been denied are not properly before this court, since they are being raised for the first time on appeal, and we decline to consider them (see Joe v Upper Room Ministries, Inc., 88 AD3d 963 [2011]; Gulf Ins. Co. v Kanen, 13 AD3d 579 [2004]).

Accordingly, the order is affirmed.

ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.


ENTER:
Paul Kenny
Chief Clerk
Decision Date: June 10, 2022

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