September 8, 2017

Logic Chiropractic, P.C. v American Tr. Ins. Co. (2017 NY Slip Op 51139(U))

Headnote

The court considered the case of Logic Chiropractic, P.C., as the assignee of Lambert Eva, appealing a decision from the Civil Court of the City of New York, Queens County. The issue at hand was the provider's attempt to recover assigned first-party no-fault benefits, with the defendant, American Transit Ins. Co., moving for summary judgment to dismiss the complaint. The main issue decided was whether the proof submitted by the defendant established that it had fully paid the plaintiff for the claims at issue. The court affirmed the order from the Civil Court, ruling in favor of the defendant and dismissing the complaint, with the justices concurring with the decision.

Reported in New York Official Reports at Logic Chiropractic, P.C. v American Tr. Ins. Co. (2017 NY Slip Op 51139(U))

Logic Chiropractic, P.C. v American Tr. Ins. Co. (2017 NY Slip Op 51139(U)) [*1]

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

2017 NY Slip Op 51139(U) [57 Misc 3d 126(A)]

Decided on September 8, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 8, 2017

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
2014-1536 Q C

Logic Chiropractic, P.C., as Assignee of Lambert Eva, Appellant,
against
American Transit Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered June 3, 2014. 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 which granted defendant’s motion for summary judgment dismissing the complaint.

There is no merit to plaintiff’s arguments regarding the adequacy of the proof submitted by defendant establishing that it had fully paid plaintiff for the claims at issue.

Accordingly, the order is affirmed.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.

Paul Kenny
Chief Clerk
Decision Date: September 08, 2017