November 1, 2019

BQE Acupuncture, P.C. v GEICO Ins. Co. (2019 NY Slip Op 51803(U))

Headnote

The relevant facts the court considered were that the plaintiff, BQE Acupuncture, P.C., sought to recover assigned first-party no-fault benefits from the defendant, GEICO Ins. Co. The main issue decided in this case was whether the defendant was entitled to summary judgment dismissing the complaint. The holding of the court was that the order denying the defendant's cross motion for summary judgment dismissing the complaint was reversed, and the defendant's cross motion for summary judgment dismissing the complaint was granted. The decision was based on reasons stated in a similar case, Acupuncture Now, P.C., as Assignee of Lozano, Cleotilde v Global Liberty Ins., and the judges PESCE, P.J., ALIOTTA, and SIEGAL concurred with the decision.

Reported in New York Official Reports at BQE Acupuncture, P.C. v GEICO Ins. Co. (2019 NY Slip Op 51803(U))

BQE Acupuncture, P.C. v GEICO Ins. Co. (2019 NY Slip Op 51803(U)) [*1]

BQE Acupuncture, P.C. v GEICO Ins. Co.

2019 NY Slip Op 51803(U) [65 Misc 3d 147(A)]

Decided on November 1, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 1, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ
2018-1631 K C

BQE Acupuncture, P.C., as Assignee of Hart Peter, Respondent,
against
GEICO Ins. Co., Appellant.

Law Office of Goldstein & Flecker (Lawrence J. Chanice of counsel), for appellant. The Rybak Firm, PLLC (Oleg Rybak of counsel), for respondent (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Kings County (Lorna J. McAllister, J.), entered June 11, 2018. The order, insofar as appealed from and as limited by the brief, denied defendant’s cross motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant’s cross motion for summary judgment dismissing the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals, as limited by the brief, from so much of an order of the Civil Court as denied defendant’s cross motion for summary judgment dismissing the complaint.

For the reasons stated in Acupuncture Now, P.C., as Assignee of Lozano, Cleotilde v Global Liberty Ins. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2018-962 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant’s cross motion for summary judgment dismissing the complaint is granted.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 01, 2019