December 22, 2017

Masigla v Country Wide Ins. Co. (2017 NY Slip Op 51889(U))

Headnote

The court considered a case where a provider sought to recover assigned first-party no-fault benefits, and the main issue was whether the defendant received timely notice of the accident. The court ultimately affirmed the order of the Civil Court, which denied the plaintiff's motion for summary judgment and granted the defendant's cross motion for summary judgment dismissing the complaint. The holding of the case was that the defendant had not received timely notice of the accident, and therefore the plaintiff's motion was denied and the defendant's motion was granted.

Reported in New York Official Reports at Masigla v Country Wide Ins. Co. (2017 NY Slip Op 51889(U))

Masigla v Country Wide Ins. Co. (2017 NY Slip Op 51889(U)) [*1]

Masigla v Country Wide Ins. Co.

2017 NY Slip Op 51889(U) [58 Misc 3d 143(A)]

Decided on December 22, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 22, 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
2015-1530 Q C

Maria S. Masigla, P.T., as Assignee of Cadet, Daniel, Appellant,
against
Country Wide Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Jaffe & Koumourdas, LLP (Jean H. Kang, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Terrence C. O’Connor, J.), entered May 1, 2015. The order denied plaintiff’s motion for summary judgment and granted defendant’s cross 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 denied plaintiff’s motion for summary judgment, and granted defendant’s cross motion for summary judgment dismissing the complaint on the ground that defendant had not received timely notice of the accident.

For the reasons stated in Masigla, as Assignee of Cadet, Daniel v Country Wide Ins. Co. (___ Misc 3d ___, 2017 NY Slip Op _____ [appeal No. 2015-1528 Q C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: December 22, 2017