January 16, 2026

Kalitenko v Nationwide Mut. Fire Ins. Co. (2026 NY Slip Op 50185(U))

Headnote

In this case, the court considered the claim of Sergey Kalitenko, M.D., who sought to recover assigned first-party no-fault benefits from Nationwide Mutual Fire Insurance Company on behalf of Wascar Gomez-Hernandez. The main issue was whether the Civil Court correctly granted Nationwide's motion for summary judgment to dismiss the complaint filed by the plaintiff. The court assessed whether the defendant met its burden and if the plaintiff had established a valid claim for benefits under the no-fault insurance law. Ultimately, the court affirmed the lower court's order, agreeing with the reasoning provided in a related case, leading to the dismissal of the complaint. The decision emphasizes the importance of meeting legal standards for recovery under no-fault insurance provisions.

Reported in New York Official Reports at Kalitenko v Nationwide Mut. Fire Ins. Co. (2026 NY Slip Op 50185(U))

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Kalitenko v Nationwide Mut. Fire Ins. Co.

2026 NY Slip Op 50185(U) [88 Misc 3d 127(A)]

Decided on January 16, 2026

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This opinion is uncorrected and will not be published in the printed Official Reports.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 16, 2026

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

PRESENT: : WAVNY TOUSSAINT, P.J., MARINA CORA MUNDY, LISA S. OTTLEY, JJ
2024-876 RI C

Sergey Kalitenko, M.D., as Assignee of Wascar Gomez-Hernandez, Appellant,

against

Nationwide Mutual Fire Insurance Company, Respondent.

Kopelevich & Feldsherova, P.C. (Galina Feldsherova of counsel), for appellant. Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Richmond County (Robert J. Helbock, J.), dated August 15, 2024. The order granted defendant’s motion for summary judgment dismissing the complaint.

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 of the Civil Court (Robert J. Helbock, J.) dated August 15, 2024 granting defendant’s motion for summary judgment dismissing the complaint.

For the reasons stated in Kalitenko, as Assignee of Wascar Gomez-Hernandez v Nationwide Mut. Fire Ins. Co. (— Misc 3d —, 2026 NY Slip Op — [appeal No. 2024-874 RI C], decided herewith), the order is affirmed.

TOUSSAINT, P.J., MUNDY and OTTLEY, JJ., concur.

ENTER:
Jennifer Chan
Chief Clerk
Decision Date: January 16, 2026