November 9, 2018

LVOV Acupuncture, P.C. v Hereford Ins. Co. (2018 NY Slip Op 51589(U))

Headnote

The court considered the facts of an action by healthcare providers seeking to recover first-party no-fault benefits, wherein the defendant insurance company had moved for summary judgment dismissing the complaint on the grounds that the insured vehicle was not involved in the accident. The main issue in the case was whether the insured vehicle was involved in the accident for which the plaintiffs were seeking benefits. The court ultimately affirmed the order granting the defendant's motion for summary judgment and denying the plaintiffs' cross-motion for summary judgment, holding that the insured vehicle was not involved in the alleged accident and therefore the plaintiffs were not entitled to the benefits they were seeking.

Reported in New York Official Reports at LVOV Acupuncture, P.C. v Hereford Ins. Co. (2018 NY Slip Op 51589(U))

LVOV Acupuncture, P.C. v Hereford Ins. Co. (2018 NY Slip Op 51589(U)) [*1]

LVOV Acupuncture, P.C. v Hereford Ins. Co.

2018 NY Slip Op 51589(U) [61 Misc 3d 138(A)]

Decided on November 9, 2018

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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 9, 2018

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2016-91 K C

LVOV Acupuncture, P.C. and United Wellness Chiropractic, P.C., as Assignees of Nelson Shaquan, Appellants,
against
Hereford Insurance Company, Respondent.

Law Office of Melissa Betancourt, P.C. (Melissa Betancourt of counsel), for appellants. Law Office of Lawrence R. Miles (Thomas Wolf of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Ingrid Joseph, J.), entered November 6, 2015. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiffs’ cross motion for summary judgment.

ORDERED that the order is affirmed, with $25 costs.

In this action by providers to recover assigned first-party no-fault benefits, plaintiffs appeal from an order of the Civil Court which granted defendant’s motion for summary judgment dismissing the complaint on the ground that the insured vehicle had not been involved in the alleged accident on February 13, 2013, and denied plaintiffs’ cross motion for summary judgment.

For the reasons stated in Jamaica Wellness Med., P.C., as Assignee of Nelson Shaquan v Hereford Ins. Co. (__ Misc 3d ___, 2018 NY Slip Op _____ [appeal No. 2015-2655 K C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 09, 2018