December 14, 2015

GBI Acupuncture, P.C. v Geico Ins. Co. (2015 NY Slip Op 51882(U))

https://www.beynensonlaw.com/case-law/gbi-acupuncture-p-c-v-geico-ins-co-2015-ny-slip-op51882u/

Court: Appellate Term, Second Department
Decided: December 14, 2015
Citation: 2015 NY Slip Op 51882(U) · 50 Misc 3d 128(A)
Posture: Summary judgment
Outcome: Split result
Issues: Policy issues

Cite as

GBI Acupuncture, P.C. v Geico Ins. Co., 50 Misc 3d 128(A), 2015 NY Slip Op 51882(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015)

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Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

The insurer's cross motion for summary judgment based on a New Jersey policy's arbitration requirement was denied on appeal. The Appellate Term, Second Department, modified the order for the reasons stated in Natural Therapy Acupuncture, P.C. v Geico Ins. Co., the companion appeal decided the same day, No. 2014-1315 Q C. The provider's motion for summary judgment remained denied.

Reported in New York Official Reports at GBI Acupuncture, P.C. v Geico Ins. Co. (2015 NY Slip Op 51882(U))

[*1]

GBI Acupuncture, P.C. v Geico Ins. Co.

2015 NY Slip Op 51882(U) [50 Misc 3d 128(A)]

Decided on December 14, 2015

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This opinion is uncorrected and will not be published in the printed Official Reports.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 14, 2015

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

PRESENT: : ALIOTTA, J.P., PESCE and SOLOMON, JJ.
2014-1321 Q C

GBI Acupuncture, P.C. as Assignee of Murrain Cook, Terrence G., Appellant,
against
Geico Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Sally E. Unger, J.), dated May 1, 2014. The order denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint.

ORDERED that the order is modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without costs.

Plaintiff’s assignor was injured in a motor vehicle accident while riding in a vehicle which was insured by a New Jersey automobile insurance policy issued by defendant. Thereafter, plaintiff commenced this action to recover, among other things, assigned first-party no-fault benefits for the services it had rendered to its assignor, alleging that its claims were unpaid. Plaintiff moved for summary judgment, and defendant cross-moved for summary judgment dismissing the complaint. In support of its cross motion, defendant argued, among other things, that New Jersey law controlled; that New Jersey law and the insurance policy in question require that the matter be submitted to arbitration; and that this “suit is not properly before this court as it has no jurisdiction, and must dismiss the case.” Defendant did not move to compel arbitration. The Civil Court denied plaintiff’s motion and granted defendant’s cross motion.

For the reasons stated in Natural Therapy Acupuncture, P.C. as Assignee of Leila Milfort v Geico Ins. Co. (____ Misc 3d ____, 2015 NY Slip Op _____ [appeal No. 2014-1315 Q C], decided herewith), the order is modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied.

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

Decision Date: December 14, 2015

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