May 10, 2019

Serge Chiropractic Servs., P.C. v Allstate Ins. Co. (2019 NY Slip Op 50762(U))

https://www.beynensonlaw.com/case-law/serge-chiropractic-servs-p-c-v-allstate-ins-co-2019-ny-slip-op50762u/

Court: Appellate Term, Second Department
Decided: May 10, 2019
Citation: 2019 NY Slip Op 50762(U) · 63 Misc 3d 153(A)
Posture: Summary judgment
Outcome: Provider prevailed
Issues: Other

Cite as

Serge Chiropractic Servs., P.C. v Allstate Ins. Co., 63 Misc 3d 153(A), 2019 NY Slip Op 50762(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019)

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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 complaint was denied on appeal. The Appellate Term, Second Department, reversed the Civil Court's order for the reasons stated in Metro Psychological Servs., P.C. v Allstate Ins. Co., the companion appeal decided the same day, No. 2016-2907 K C.

Reported in New York Official Reports at Serge Chiropractic Servs., P.C. v Allstate Ins. Co. (2019 NY Slip Op 50762(U))

[*1]

Serge Chiropractic Servs., P.C. v Allstate Ins. Co.

2019 NY Slip Op 50762(U) [63 Misc 3d 153(A)]

Decided on May 10, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 10, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2017-591 K C

Serge Chiropractic Services, P.C., as Assignee of Peter Ransome, Appellant,
against
Allstate Insurance Co., Respondent.

Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Abrams, Cohen & Associates, P.C. (Frank Piccininni of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Theresa M. Ciccotto, J.), entered January 31, 2017. The order granted defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant’s motion for summary judgment dismissing the complaint is denied.

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.

For the reasons stated in Metro Psychological Servs., P.C., as Assignee of Adams Kenneth v Allstate Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2016-2907 K C], decided herewith), the order is reversed and defendant’s motion for summary judgment dismissing the complaint is denied.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: May 10, 2019

Similar decisions

Metro Psychological Servs., P.C. v Allstate Ins. Co. (2019 NY Slip Op 50748(U))The insurer failed to establish timely mailing of its denials, and the provider failed to establish entitlement to payment as a matter of law.
Serge Chiropractic Servs., P.C. v Ameriprise Ins. Co. (2018 NY Slip Op 50742(U))The insurer's motion for summary judgment based on material misrepresentation of the assignor's residence was denied on appeal.
Parisien v Allstate Ins. Co. (2019 NY Slip Op 50745(U))The insurer's motion for summary judgment dismissing the provider's assigned no-fault claims was denied, and that denial was affirmed.
Serge Chiropractic Servs., P.C. v Farmington Cas. Co. (2019 NY Slip Op 50698(U))The insurer's motion for summary judgment dismissing the claims based on the assignor's failure to appear for IMEs was upheld.
Active Chiropractic, P.C. v Allstate Ins. (2018 NY Slip Op 50202(U))The insurer's cross motion for summary judgment dismissing the provider's claims on res judicata grounds was granted on appeal.