October 25, 2019

ZZ Acupuncture, P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51761(U))

https://www.beynensonlaw.com/case-law/zz-acupuncture-p-c-v-american-ind-ins-co-2019-ny-slip-op-51761u/

Court
Appellate Term, Second Department
Decided
October 25, 2019
Citation
2019 NY Slip Op 51761(U) · 65 Misc 3d 145(A)
Posture
Motion to dismiss (CPLR 3211)
Outcome
Insurer prevailed
Issues
Jurisdiction and service
Cite as
ZZ Acupuncture, P.C. v American Ind. Ins. Co., 65 Misc 3d 145(A), 2019 NY Slip Op 51761(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019)

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 to dismiss the provider's no-fault complaint for lack of personal jurisdiction was granted on appeal. The Appellate Term, Second Department, reversed the order, insofar as appealed from, and granted dismissal under CPLR 3211 (a) (8) for the reasons stated in the companion appeal decided the same day, Pierre J. Renelique, M.D., P.C. v American Ind. Ins. Co., No. 2017-2405 K C.

Reported in New York Official Reports at ZZ Acupuncture, P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51761(U))

[*1]
ZZ Acupuncture, P.C. v American Ind. Ins. Co.
2019 NY Slip Op 51761(U) [65 Misc 3d 145(A)]
Decided on October 25, 2019
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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 25, 2019

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


PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ
2018-1216 K C
ZZ Acupuncture, P.C., as Assignee of Richard Amilcar, Respondent,

against

American Independent Ins. Co., Appellant.

Freiberg, Peck & Kang, LLP (Yilo J. Kang 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 (Lorna J. McAllister, J.), entered April 26, 2018. The order, insofar as appealed from, denied defendant’s motion to dismiss the complaint.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant’s motion to dismiss the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court as denied defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (8).

For the reasons stated in Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v American Ind. Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-2405 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant’s motion to dismiss the complaint is granted.

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



ENTER:
Paul Kenny
Chief Clerk
Decision Date: October 25, 2019

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