November 9, 2015

Alleviation Med., P.C. v Allstate Ins. Co. (2015 NY Slip Op 51630(U))

Headnote

The relevant facts considered by the court were that the plaintiff, Alleviation Medical, P.C., as assignee of Clifton Lyons, sought to recover first-party no-fault benefits from the defendant, Allstate Insurance Company. The plaintiff moved for summary judgment, while the defendant cross-moved for summary judgment, claiming that the alleged injuries did not arise out of a covered loss. The Civil Court denied the plaintiff's motion and granted the defendant's cross motion. The main issue decided by the court was whether the alleged injuries suffered by the plaintiff arose out of a covered loss, which would entitle them to first-party no-fault benefits. The court held that the plaintiff's arguments on appeal, which were raised for the first time, were insufficient to defeat the defendant's cross motion, and thus affirmed the lower court's decision. The holding of the case was that the order denying the plaintiff's motion for summary judgment and granting the defendant's cross motion for summary judgment dismissing the complaint was affirmed.

Reported in New York Official Reports at Alleviation Med., P.C. v Allstate Ins. Co. (2015 NY Slip Op 51630(U))

Alleviation Med., P.C. v Allstate Ins. Co. (2015 NY Slip Op 51630(U)) [*1]

Alleviation Med., P.C. v Allstate Ins. Co.

2015 NY Slip Op 51630(U)

Decided on November 9, 2015

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This opinion is uncorrected and will not be published in the printed Official Reports.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 9, 2015

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-1003 Q C

Alleviation Medical, P.C. as Assignee of CLIFTON LYONS, Appellant,
against
Allstate Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered April 17, 2013. 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 moved for summary judgment. Defendant cross-moved for summary judgment dismissing the complaint on the ground that the alleged injuries did not arise out of a covered loss. The Civil Court denied plaintiff’s motion and granted defendant’s cross motion.

Plaintiff’s arguments on appeal are being raised for the first time. In any event, they are insufficient to defeat defendant’s cross motion (see Andromeda Med. Care, P.C. v NY Cent. Mut. Fire Ins. Co., 26 Misc 3d 126[A], 2009 NY Slip Op 52601[U] [App Term, 2d, 11th & 13th Jud Dists 2009]).

Accordingly, the order is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.

Decision Date: November 09, 2015