June 10, 2022

Hands On Physical Therapy Care v Ameriprise Ins. (2022 NY Slip Op 50571(U))

Headnote

The court considered a case in which Hands On Physical Therapy Care, as the assignee of Jacqueline Drouillard, appealed from an order of the Civil Court of the City of New York, Kings County that granted the defendant's motion for summary judgment dismissing the complaint and denied the plaintiff's cross motion for summary judgment. The main issue decided was whether the provider was entitled to recover assigned first-party no-fault benefits. The holding of the court was that the order granting the defendant's motion for summary judgment and denying the plaintiff's cross motion for summary judgment is affirmed, with $25 costs. The court's decision was based on the reasons stated in a similar case, PFJ Med. Care, P.C., as Assignee of Simmond, Tylon B. v Nationwide Ins. The decision was entered on June 10, 2022.

Reported in New York Official Reports at Hands On Physical Therapy Care v Ameriprise Ins. (2022 NY Slip Op 50571(U))

Hands On Physical Therapy Care v Ameriprise Ins. (2022 NY Slip Op 50571(U)) [*1]

Hands On Physical Therapy Care v Ameriprise Ins.

2022 NY Slip Op 50571(U) [75 Misc 3d 137(A)]

Decided on June 10, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 10, 2022

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

PRESENT: : THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ
2020-75 K C

Hands On Physical Therapy Care, as Assignee of Drouillard, Jacqueline, Appellant,
against
Ameriprise Insurance, Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Callinan & Smith LLP (Michael A. Callinan of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Rosemarie Montalbano, J.), entered August 27, 2019. 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 PFJ Med. Care, P.C., as Assignee of Simmond, Tylon B. v Nationwide Ins. (— Misc 3d —, 2022 NY Slip Op — [appeal No. 2020-74 K C], decided herewith), the order is affirmed.

ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: June 10, 2022