June 10, 2022
Energy Chiropractic, P.C. v Nationwide Ins. (2022 NY Slip Op 50572(U))
https://www.beynensonlaw.com/case-law/energy-chiropractic-p-c-v-nationwide-ins-2022-ny-slip-op-50572u/
- Decided
- June 10, 2022
- Citation
- 2022 NY Slip Op 50572(U) · 75 Misc 3d 137(A)
- Posture
- Summary judgment
- Outcome
- Insurer prevailed
- Issues
- Other
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Summary
Editorial summary by Beynenson Law, not part of the court’s decision.
Reported in New York Official Reports at Energy Chiropractic, P.C. v Nationwide Ins. (2022 NY Slip Op 50572(U))
| Energy Chiropractic, P.C. v Nationwide Ins. |
| 2022 NY Slip Op 50572(U) [75 Misc 3d 137(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| This opinion is uncorrected and will not be published in the printed Official Reports.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
2020-78 K C
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.
- Masigla v Nationwide Ins. (2022 NY Slip Op 50575(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.
- Island Life Chiropractic Pain Care, PLLC v Nationwide Ins. (2020 NY Slip Op 51359(U))The provider's challenges to the insurer's summary judgment motion were unpreserved because they were raised for the first time on appeal.
- ACH Chiropractic, P.C. v Nationwide Ins. (2022 NY Slip Op 50782(U))The insurer established that the provider's assignor failed to appear for duly scheduled EUOs. The Appellate Term, Second Department, affirmed the order granting the insurer summary judgment dismissing the provider's action for assigned first-party no-fault benefits and denying the provider's cross motion.
- Remedy Chiropractic, P.C. v Nationwide Ins. (2022 NY Slip Op 50935(U))The provider failed to raise a factual issue that it supplied outstanding verification or reasonably justified withholding it.