November 6, 2020

LVOV Acupuncture, P.C. v Nationwide Ins. Co. (2020 NY Slip Op 51343(U))

https://www.beynensonlaw.com/case-law/lvov-acupuncture-p-c-v-nationwide-ins-co-2020-ny-slip-op51343u/

Court: Appellate Term, Second Department
Decided: November 6, 2020
Citation: 2020 NY Slip Op 51343(U) · 69 Misc 3d 141(A)
Posture: Summary judgment
Outcome: Insurer prevailed
Issues: Fee schedule

Cite as

LVOV Acupuncture, P.C. v Nationwide Ins. Co., 69 Misc 3d 141(A), 2020 NY Slip Op 51343(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020)

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 insurer's motion for summary judgment dismissing the complaint on full-payment grounds was granted and affirmed on appeal. The Appellate Term, Second Department, relied solely on the reasons stated in the companion appeal decided the same day, No. 2018-2277 K C, in the provider's action for assigned first-party no-fault benefits.

Reported in New York Official Reports at LVOV Acupuncture, P.C. v Nationwide Ins. Co. (2020 NY Slip Op 51343(U))

[*1]

LVOV Acupuncture, P.C. v Nationwide Ins. Co.

2020 NY Slip Op 51343(U) [69 Misc 3d 141(A)]

Decided on November 6, 2020

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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 6, 2020

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

PRESENT: : THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, BERNICE D. SIEGAL, JJ
2019-373 K C

LVOV Acupuncture, P.C., as Assignee of Ozhan Tastaban, Appellant,
against
Nationwide Ins. Co., Respondent.

Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Law Office of Kevin J. Philbin (Lawrence Wolkow of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Michael Gerstein, J.), entered December 13, 2018. 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, the Civil Court granted defendant’s motion for summary judgment dismissing the complaint on the ground that defendant had fully paid plaintiff for the services at issue.

For the reasons stated in LVOV Acupuncture, P.C., as Assignee of Ozhan Tastaban v Nationwide Ins. Co. (___ Misc 3d ___, 2020 NY Slip Op _____ [appeal No. 2018-2277 K C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 6, 2020

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