December 22, 2017

Exclusive Physical Therapy, P.C. v Country-Wide Ins. Co. (2017 NY Slip Op 51855(U))

https://www.beynensonlaw.com/case-law/exclusive-physical-therapy-p-c-v-country-wide-ins-co-2017-ny-slip-op51855u/

Court: Appellate Term, Second Department
Decided: December 22, 2017
Citation: 2017 NY Slip Op 51855(U) · 58 Misc 3d 139(A)
Posture: Summary judgment
Outcome: Insurer prevailed
Issues: Other

Cite as

Exclusive Physical Therapy, P.C. v Country-Wide Ins. Co., 58 Misc 3d 139(A), 2017 NY Slip Op 51855(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 insurer's cross motion for summary judgment dismissing the two no-fault claims at issue on appeal was granted. The Appellate Term, Second Department, affirmed the order, insofar as appealed from, which also denied the provider summary judgment on those claims, 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 Exclusive Physical Therapy, P.C. v Country-Wide Ins. Co. (2017 NY Slip Op 51855(U))

[*1]

Exclusive Physical Therapy, P.C. v Country-Wide Ins. Co.

2017 NY Slip Op 51855(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2015-294 Q C

Exclusive Physical Therapy, P.C., as Assignee of Szeser Michal, 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, insofar as appealed from as limited by the brief, denied the branches of plaintiff’s motion seeking summary judgment upon so much of the complaint as sought to recover upon claims for the sums of $246.40 and $985.60, and granted the branches of defendant’s cross motion seeking summary judgment dismissing the complaint insofar as it sought to recover upon those claims.

ORDERED that the order, insofar as appealed from, 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. Insofar as is relevant to this appeal, by order entered December 2, 2014, the Civil Court denied the branches of plaintiff’s motion seeking summary judgment upon so much of the complaint as sought to recover upon claims for the sums of $246.40 and $985.60, and granted the branches of defendant’s cross motion seeking summary judgment dismissing the complaint insofar as it sought to recover upon those claims.

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, insofar as appealed from, is affirmed.

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

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

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