May 10, 2019

Active Care Med. Supply Corp. v American Tr. Ins. Co. (2019 NY Slip Op 50751(U))

Headnote

The case involved an appeal from a denial of a motion for summary judgment by a provider seeking to recover first-party no-fault benefits, as well as a granting of the defendant's cross-motion for summary judgment dismissing the complaint. The court considered the reasons stated in a similar case, Active Care Med. Supply Corp., as Assignee of Wilson, Andrae v American Tr. Ins. Co., and affirmed the order. The main issue was whether the provider was entitled to recover assigned first-party no-fault benefits, and the holding of the court was that the denial of the motion for summary judgment and granting of the defendant's cross-motion for summary judgment was affirmed.

Reported in New York Official Reports at Active Care Med. Supply Corp. v American Tr. Ins. Co. (2019 NY Slip Op 50751(U))

Active Care Med. Supply Corp. v American Tr. Ins. Co. (2019 NY Slip Op 50751(U)) [*1]

Active Care Med. Supply Corp. v American Tr. Ins. Co.

2019 NY Slip Op 50751(U) [63 Misc 3d 151(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2016-3002 K C

Active Care Medical Supply Corp., as Assignee of Delossantos, Ramon, Appellant,
against
American Transit Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Office of Daniel J. Tucker, for respondent (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Kings County (Richard J. Montelione, J.), entered September 12, 2016. The order denied plaintiff’s motion for summary judgment and granted defendant’s cross 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, plaintiff appeals from an order of the Civil Court which denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint.

For the reasons stated in Active Care Med. Supply Corp., as Assignee of Wilson, Andrae v American Tr. Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2016-2883 K C], decided herewith), the order is affirmed.

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

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