May 28, 2008

Nagle Med. Plaza, P.C. v Allstate Ins. Co. (2008 NY Slip Op 51122(U))

Headnote

The court considered a provider's attempt to recover assigned first-party no-fault benefits and denied the plaintiff's motion for summary judgment, finding it premature. The court also denied the defendant's cross motion for summary judgment. However, subsequent to the court's decision, the Civil Court dismissed the action, rendering the appeal academic. As a result, the plaintiff's appeal was dismissed. The main issue decided was whether the denial of the plaintiff's motion for summary judgment was premature, and the holding was that the appeal was dismissed as academic due to the subsequent dismissal of the action.

Reported in New York Official Reports at Nagle Med. Plaza, P.C. v Allstate Ins. Co. (2008 NY Slip Op 51122(U))

Nagle Med. Plaza, P.C. v Allstate Ins. Co. (2008 NY Slip Op 51122(U)) [*1]

Nagle Med. Plaza, P.C. v Allstate Ins. Co.

2008 NY Slip Op 51122(U) [19 Misc 3d 145(A)]

Decided on May 28, 2008

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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 28, 2008

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., GOLIA and STEINHARDT, JJ
2007-719 Q C.

Nagle Medical Plaza, P.C. (b), as assignee of NAQUAN KIRKLAND, Appellant,
against
Allstate Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered March 20, 2007. The order, insofar as appealed from, in effect, denied plaintiff’s motion for summary judgment.

Appeal dismissed as academic.

In this action by a provider to recover assigned first-party no-fault benefits, the court, in effect, denied plaintiff’s motion for summary judgment, finding that the requested relief was premature, and denied defendant’s cross motion for summary judgment. Plaintiff appealed from that part of the order which denied its motion for summary judgment.

Subsequent to the entry of the order appealed from, the Civil Court entered an order dated May 13, 2007 dismissing the action. The dismissal of the action rendered the instant appeal academic (see Fair Price Med. Supply Corp. v ELRAC Inc., 13 Misc 3d 33 [App Term, 2d & 11th Jud Dists 2006]). Accordingly, plaintiff’s appeal is dismissed.

Pesce, P.J., Golia and Steinhardt, JJ., concur.
Decision Date: May 28, 2008