January 20, 2017

Flatbush Chiropractic, P.C. v American Tr. Ins. Co. (2017 NY Slip Op 50106(U))

https://www.beynensonlaw.com/case-law/flatbush-chiropractic-p-c-v-american-tr-ins-co-2017-ny-slip-op50106u/

Court: Appellate Term, Second Department
Decided: January 20, 2017
Citation: 2017 NY Slip Op 50106(U) · 54 Misc 3d 135(A)
Posture: Motion to dismiss (CPLR 3211)
Outcome: Insurer prevailed
Issues: Discovery and procedure

Cite as

Flatbush Chiropractic, P.C. v American Tr. Ins. Co., 54 Misc 3d 135(A), 2017 NY Slip Op 50106(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 motion to dismiss was granted, and the provider's cross motion to renew its summary judgment motion was denied. The Appellate Term, Second Department, affirmed both rulings for the reasons stated in the companion appeal decided the same day, No. 2015-1649 Q C, involving the same parties.

Reported in New York Official Reports at Flatbush Chiropractic, P.C. v American Tr. Ins. Co. (2017 NY Slip Op 50106(U))

[*1]

Flatbush Chiropractic, P.C. v American Tr. Ins. Co.

2017 NY Slip Op 50106(U) [54 Misc 3d 135(A)]

Decided on January 20, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 20, 2017

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

PRESENT: : ELLIOT, J.P., PESCE and SOLOMON, JJ.
2015-1650 Q C

Flatbush Chiropractic, P.C., as Assignee of JASPER BROOMES, Appellant,
against
American Transit Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Terrence C. O’Connor, J.), entered May 6, 2015. The order granted defendant’s motion to dismiss the complaint and denied plaintiff’s cross motion for leave to renew its prior motion for summary judgment, which had been denied by an order of the same court (Larry Love, J.) entered March 7, 2013.

ORDERED that the order entered May 6, 2015 is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant’s motion to dismiss the complaint and denied plaintiff’s cross motion for leave to renew its prior motion for summary judgment, which had been denied by an order of the same court (Larry Love, J.) entered March 7, 2013.

For the reasons stated in Flatbush Chiropractic, P.C., as Assignee of Pierre Luxio v American Tr. Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op ___ [appeal No. 2015-1649 Q C], decided herewith), the order is affirmed.

Elliot, J.P., Pesce and Solomon, JJ., concur.

Decision Date: January 20, 2017

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