December 9, 2022

Burke Physical Therapy, P.C. v State Farm Mut. Auto. Ins. Co. (2022 NY Slip Op 51216(U))

Headnote

The case involves an appeal from an order of the Civil Court of the City of New York, Kings County, granting the defendant's motion for summary judgment and denying the plaintiff's cross motion for summary judgment. The plaintiff, Burke Physical Therapy, P.C., sought to recover assigned first-party no-fault benefits from the defendant, State Farm Mutual Automobile Ins. Co. However, the court affirmed the order, with the reasons stated in a prior case between the same parties. The main issue decided was whether the plaintiff was entitled to recover assigned first-party no-fault benefits, and the court held that the order granting the defendant's motion for summary judgment and denying the plaintiff's cross motion for summary judgment was affirmed. The decision date was December 9, 2022.

Reported in New York Official Reports at Burke Physical Therapy, P.C. v State Farm Mut. Auto. Ins. Co. (2022 NY Slip Op 51216(U))

Burke Physical Therapy, P.C. v State Farm Mut. Auto. Ins. Co. (2022 NY Slip Op 51216(U)) [*1]

Burke Physical Therapy, P.C. v State Farm Mut. Auto. Ins. Co.

2022 NY Slip Op 51216(U) [77 Misc 3d 129(A)]

Decided on December 9, 2022

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This opinion is uncorrected and will not be published in the printed Official Reports.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 9, 2022

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

PRESENT: : MICHELLE WESTON, J.P., WAVNY TOUSSAINT, CHEREÉ A. BUGGS, JJ
2021-649 K C

Burke Physical Therapy, P.C., as Assignee of Rivera, Crystal, Appellant,
against
State Farm Mutual Automobile Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell and Richard Rozhik of counsel), for appellant. Rivkin Radler, LLP (Stuart M. Bodoff and Cheryl F. Korman of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Matthew P. Blum, J.), dated September 29, 2021. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment.

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 granting defendant’s motion for summary judgment dismissing the complaint and denying plaintiff’s cross motion for summary judgment.

For the reasons stated in Burke Physical Therapy, P.C. v State Farm Mut. Auto. Ins. Co. (75 Misc 3d 143[A], 2022 NY Slip Op 50623[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]), the order is affirmed.

WESTON, J.P., TOUSSAINT and BUGGS, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: December 9, 2022