November 18, 2022

John A. Nasrinpay 2 v Nationwide Affinity Ins. Co. of Am. (2022 NY Slip Op 51241(U))

Headnote

The court considered an action by a provider to recover assigned first-party no-fault benefits. The defendant moved for summary judgment dismissing the complaint on the grounds that the plaintiff had failed to provide requested verification, and the plaintiff opposed the motion and cross-moved for summary judgment. The Civil Court granted the defendant's motion and denied the plaintiff's cross-motion. The main issue decided in this case was whether the plaintiff had provided the requested verification for the first-party no-fault benefits, and the court affirmed the order granting the defendant's motion for summary judgment and denying the plaintiff's cross-motion. The holding of the case was that the order of the Civil Court was affirmed, and the defendant's motion for summary judgment was granted.

Reported in New York Official Reports at John A. Nasrinpay 2 v Nationwide Affinity Ins. Co. of Am. (2022 NY Slip Op 51241(U))

John A. Nasrinpay 2 v Nationwide Affinity Ins. Co. of Am. (2022 NY Slip Op 51241(U)) [*1]

John A. Nasrinpay 2 v Nationwide Affinity Ins. Co. of Am.

2022 NY Slip Op 51241(U) [77 Misc 3d 132(A)]

Decided on November 18, 2022

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected in part through December 19, 2022; it will not be published in the printed Official Reports.

Decided on November 18, 2022

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

PRESENT: : THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, WAVNY TOUSSAINT, JJ
2021-792 K C

John A. Nasrinpay 2, as Assignee of Nelson-Lutchman, Cymone, Appellant,
against
Nationwide Affinity Insurance Company of America, Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Hollander Legal Group , P.C. (Allan S. Hollander and Christopher Volpe of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Sandra E. Roper, J.), dated December 2, 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, defendant moved for summary judgment dismissing the complaint on the ground that plaintiff had failed to provide requested verification. Plaintiff opposed the motion and cross-moved for summary judgment. By order dated December 2, 2021, the Civil Court granted defendant’s motion and denied plaintiff’s cross motion.

For the reasons stated in Remedy Chiropractic, P.C. v Nationwide Ins. (76 Misc 3d 135[A], 2022 NY Slip Op 50935[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 18, 2022