January 28, 2010

B.Y., M.D., P.C. v GEICO Cas. Ins. Co. (2010 NY Slip Op 50143(U))

Headnote

The relevant facts considered by the court in this case involved a motion for partial summary judgment by the plaintiffs, who were providers seeking to recover assigned first-party no-fault benefits. The main issue decided by the court was whether the plaintiffs were entitled to partial summary judgment pursuant to CPLR 3212(e) or, in the alternative, CPLR 3212(g). The court denied the plaintiffs' motion for partial summary judgment, and also held the defendant's cross motion in abeyance. The holding of the case was that the order denying the plaintiffs' motion for partial summary judgment was affirmed without costs, based on reasons stated in a related case, B.Y., M.D., P.C., JR Chiropractic, P.C., Oasis Physical Therapy, P.C. and Olga Bard Acupuncture, P.C. a/a/o Beverly Prince v Government Empls. Ins. Co. The decision was unanimous, with all three judges concurring.

Reported in New York Official Reports at B.Y., M.D., P.C. v GEICO Cas. Ins. Co. (2010 NY Slip Op 50143(U))

B.Y., M.D., P.C. v GEICO Cas. Ins. Co. (2010 NY Slip Op 50143(U)) [*1]

B.Y., M.D., P.C. v GEICO Cas. Ins. Co.

2010 NY Slip Op 50143(U) [26 Misc 3d 135(A)]

Decided on January 28, 2010

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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 28, 2010

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : NICOLAI, P.J., TANENBAUM and LaCAVA, JJ
2009-954 N C.

B.Y., M.D., P.C., JR CHIROPRACTIC, P.C. and OASIS PHYSICAL THERAPY, P.C. a/a/o MOHAMMED KHAN, Appellants,
against
GEICO Casualty Insurance Co., Respondent.

Appeal from an order of the District Court of Nassau County, Third District (Fred J. Hirsh, J.), dated March 30, 2009. The order, insofar as appealed from as limited by the brief, denied plaintiffs’ motion for partial summary judgment.

ORDERED that the order, insofar as appealed from, is affirmed without costs.

In this action by providers to recover assigned first-party no-fault benefits, plaintiffs moved for “partial summary judgment” pursuant to CPLR 3212 (e) or, in the alternative, CPLR 3212 (g). Defendant cross-moved for summary judgment dismissing the complaint. The court denied plaintiffs’ motion and held defendant’s cross motion in abeyance. Plaintiffs appeal, as limited by their brief, from so much of the order as denied their motion for “partial summary judgment.”

For the reasons stated in B.Y., M.D., P.C., JR Chiropractic, P.C., Oasis Physical Therapy, P.C. and Olga Bard Acupuncture, P.C. a/a/o Beverly Prince v Government Empls. Ins. Co. (___ Misc 3d ___, 2009 NY Slip Op _____ [Appeal No. 2009-943 N C], decided herewith), the order, insofar as appealed from, is affirmed.

Nicolai, P.J., Tanenbaum and LaCava, JJ., concur.
Decision Date: January 28, 2010