• 347-746-6001
  • contact@beynensonlaw.com
Beynenson Law
Beynenson Law
  • Services
    • Search Case Law & Regulations
    • New Decisions
    • Decisions by Court
    • Legal Questions
    • No-Fault Regulations
    • Claim Process & Deadlines
    • Ask No-Fault AI
    • Arbitrator Scorecard
    • Award Volume
    • Arbitrator / Carrier Data
    • Provider / Carrier Data
    • Provider / Attorney Data
    • Arbitration Pro Extension
  • About Us
  • Contact
  • East Hampton, New York

  • 347-746-6001
  • contact@beynensonlaw.com
  • Services
    • Search Case Law & Regulations
    • New Decisions
    • Decisions by Court
    • Legal Questions
    • No-Fault Regulations
    • Claim Process & Deadlines
    • Ask No-Fault AI
    • Arbitrator Scorecard
    • Award Volume
    • Arbitrator / Carrier Data
    • Provider / Carrier Data
    • Provider / Attorney Data
    • Arbitration Pro Extension
  • About Us
  • Contact
November 6, 2020

LVOV Acupuncture, P.C. v Nationwide Ins. Co. (2020 NY Slip Op 51343(U))

https://www.beynensonlaw.com/case-law/lvov-acupuncture-p-c-v-nationwide-ins-co-2020-ny-slip-op51343u/

Court
Appellate Term, Second Department
Decided
November 6, 2020
Citation
2020 NY Slip Op 51343(U) · 69 Misc 3d 141(A)
Posture
Summary judgment
Outcome
Insurer prevailed
Issues
Fee schedule
Cite as
LVOV Acupuncture, P.C. v Nationwide Ins. Co., 69 Misc 3d 141(A), 2020 NY Slip Op 51343(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020)

Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.

Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

The insurer's motion for summary judgment dismissing the complaint on full-payment grounds was granted and affirmed on appeal. The Appellate Term, Second Department, relied solely on the reasons stated in the companion appeal decided the same day, No. 2018-2277 K C, in the provider's action for assigned first-party no-fault benefits.

Reported in New York Official Reports at LVOV Acupuncture, P.C. v Nationwide Ins. Co. (2020 NY Slip Op 51343(U))

[*1]
LVOV Acupuncture, P.C. v Nationwide Ins. Co.
2020 NY Slip Op 51343(U) [69 Misc 3d 141(A)]
Decided on November 6, 2020
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 6, 2020

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


PRESENT: : THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, BERNICE D. SIEGAL, JJ
2019-373 K C
LVOV Acupuncture, P.C., as Assignee of Ozhan Tastaban, Appellant,

against

Nationwide Ins. Co., Respondent.

Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Law Office of Kevin J. Philbin (Lawrence Wolkow of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Michael Gerstein, J.), entered December 13, 2018. 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, the Civil Court granted defendant’s motion for summary judgment dismissing the complaint on the ground that defendant had fully paid plaintiff for the services at issue.

For the reasons stated in LVOV Acupuncture, P.C., as Assignee of Ozhan Tastaban v Nationwide Ins. Co. (___ Misc 3d ___, 2020 NY Slip Op _____ [appeal No. 2018-2277 K C], decided herewith), the order is affirmed.

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


ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 6, 2020

Similar decisions

  • LVOV Acupuncture, P.C. v Personal Serv. Ins. Co. (2025 NY Slip Op 51176(U))The insurer's appeal from an order directing a traverse hearing on its dismissal motion was dismissed.
  • Lvov Acupuncture, P.C. v Hereford Ins. Co. (2019 NY Slip Op 51809(U))The insurer's summary judgment motion dismissing the provider's claims for failure to appear at scheduled EUOs was granted and upheld.
  • LMS Acupuncture, P.C. v Nationwide Ins. (2016 NY Slip Op 51542(U))The insurer's motion for summary judgment dismissing the provider's claims as premature for outstanding verification was denied on appeal.
  • Charles Deng Acupuncture, P.C. v Nationwide Ins. (2022 NY Slip Op 50580(U))The provider's arguments against the insurer's summary judgment motion were unpreserved because they were raised for the first time on appeal.
  • Oriental Health Acupuncture, P.C. v 21st Century Ins. Co. (2018 NY Slip Op 51761(U))The provider's challenge to ineffective delay letters did not defeat the insurer's summary judgment motion based on EUO nonappearance.
Beynenson Law

Tech-driven New York no-fault collections for healthcare providers.

About the firm

Contact

  • East Hampton, New York

  • 347-746-6001
  • contact@beynensonlaw.com
  • Contact form

Research

  • Search Case Law & Regulations
  • New Decisions
  • Decisions by Court
  • Legal Questions
  • No-Fault Regulations
  • Claim Process & Deadlines
  • Ask No-Fault AI

Arbitration Data

  • Arbitrator Scorecard
  • Award Volume
  • Arbitrator / Carrier Data
  • Provider / Carrier Data
  • Provider / Attorney Data
  • Arbitration Pro Extension

©2026 The Beynenson Law Group, PC. Terms of Use Privacy Policy

Site by khrystev.dev

Attorney Advertising. Prior results do not guarantee a similar outcome. This website provides general information, not legal advice, and using it does not create an attorney-client relationship. Do not send confidential information through this site.