December 22, 2017

Avenue I Med., P.C. v Country-Wide Ins. Co. (2017 NY Slip Op 51852(U))

https://www.beynensonlaw.com/case-law/avenue-i-med-p-c-v-country-wide-ins-co-2017-ny-slip-op-51852u/

Court: Appellate Term, Second Department
Decided: December 22, 2017
Citation: 2017 NY Slip Op 51852(U) · 58 Misc 3d 139(A)
Posture: Summary judgment
Outcome: Insurer prevailed
Issues: Other

Cite as

Avenue I Med., P.C. v Country-Wide Ins. Co., 58 Misc 3d 139(A), 2017 NY Slip Op 51852(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017)

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 provider's summary judgment motion was denied and the insurer's cross motion to dismiss the assigned no-fault claims was granted. The Appellate Term, Second Department, affirmed for the reasons stated in the companion appeal, MT Servs. P.T., P.C. v Country-Wide Ins. Co., decided the same day, No. 2015-155 Q C.

Reported in New York Official Reports at Avenue I Med., P.C. v Country-Wide Ins. Co. (2017 NY Slip Op 51852(U))

[*1]

Avenue I Med., P.C. v Country-Wide Ins. Co.

2017 NY Slip Op 51852(U) [58 Misc 3d 139(A)]

Decided on December 22, 2017

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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 22, 2017
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
2015-156 Q C

Avenue I Medical, P.C., as Assignee of Floyd Joseph, Appellant,
against
Country-Wide Ins. Co., Respondent.

Petre and Zabokritsky, P.C., (Zachary Rozenberg, Esq.), for appellant. Jaffe & Koumourdas, LLP (Jean H. Kang, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered December 2, 2014. 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 and defendant cross-moved for summary judgment dismissing the complaint. By order entered December 2, 2014, the Civil Court denied plaintiff’s motion and granted defendant’s cross motion.

For the reasons stated in MT Servs. P.T., P.C., as Assignee of Richardson Steven v Country-Wide Ins. Co. (__ Misc 3d___, 2017 NY Slip Op ____[appeal No. 2015-155 Q C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: December 22, 2017

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