June 10, 2022

Masigla v Nationwide Ins. (2022 NY Slip Op 50575(U))

https://www.beynensonlaw.com/case-law/masigla-v-nationwide-ins-2022-ny-slip-op-50575u/

Court: Appellate Term, Second Department
Decided: June 10, 2022
Citation: 2022 NY Slip Op 50575(U) · 75 Misc 3d 138(A)
Posture: Summary judgment
Outcome: Insurer prevailed
Issues: Other

Cite as

Masigla v Nationwide Ins., 75 Misc 3d 138(A), 2022 NY Slip Op 50575(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022)

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Summary

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

The insurer's motion for summary judgment dismissing the provider's no-fault complaint was granted and the provider's cross motion was denied. The Appellate Term, Second Department, affirmed the Civil Court, Kings County, order for the reasons stated in the companion appeal involving MSB Physical Therapy, P.C. and the insurer, decided the same day, No. 2019-1349 K C.

Reported in New York Official Reports at Masigla v Nationwide Ins. (2022 NY Slip Op 50575(U))

[*1]

Masigla v Nationwide Ins.

2022 NY Slip Op 50575(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2020-109 K C

Maria Sheila Masigla, P.T., as Assignee of Reid, Shamel W., 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 9, 2019. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment.

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 which granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment.

For the reasons stated in MSB Physical Therapy, P.C., as Assignee of Reid, Shamel W. v Nationwide Ins. (— Misc 3d —, 2022 NY Slip Op — [appeal No. 2019-1349 K C], decided herewith), the order is affirmed.

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

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

Similar decisions

MSB Physical Therapy, P.C. v Nationwide Ins. (2023 NY Slip Op 50284(U))The insurer's summary judgment dismissing the provider's assigned no-fault claims was affirmed, and the provider's cross motion remained denied.
Energy Chiropractic, P.C. v Nationwide Ins. (2022 NY Slip Op 50572(U))The insurer's motion for summary judgment dismissing the provider's no-fault complaint was granted and the provider's cross motion was denied.
Masigla v Country Wide Ins. Co. (2017 NY Slip Op 51889(U))The insurer's cross motion for summary judgment dismissing the claims for lack of timely accident notice was upheld.
MSB Physical Therapy v Nationwide Ins. (2022 NY Slip Op 51381(U))The insurer failed to establish timely denial after alleged EUO nonappearances, and the provider failed to establish entitlement to summary judgment.
Masigla v Travelers Ins. Co. (2017 NY Slip Op 51797(U))The insurer's summary judgment cross motion on the appealed claims was granted based on the provider's EUO nonappearance.