September 15, 2016

New Way Med. Supply Corp. v State Farm Mut. Auto. Ins. Co. (2016 NY Slip Op 51321(U))

Headnote

The court considered a case where New Way Medical Supply Corp, as the assignee of Kathleem Long, was seeking to recover first-party no-fault benefits from State Farm Mutual Automobile Insurance Co. The main issue decided in this case was whether the defendant's motion for summary judgment dismissing the complaint should be granted. The holding of the court was that the order granting the defendant's motion for summary judgment to dismiss the complaint was affirmed. The court cited a previous case, Metro Health Prods., Inc. v State Farm Mut. Auto. Ins. Co. to support their decision, and the judges Pesce, Aliotta, and Solomon all concurred with the decision.

Reported in New York Official Reports at New Way Med. Supply Corp. v State Farm Mut. Auto. Ins. Co. (2016 NY Slip Op 51321(U))

New Way Med. Supply Corp. v State Farm Mut. Auto. Ins. Co. (2016 NY Slip Op 51321(U)) [*1]

New Way Med. Supply Corp. v State Farm Mut. Auto. Ins. Co.

2016 NY Slip Op 51321(U) [53 Misc 3d 127(A)]

Decided on September 15, 2016

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This opinion is uncorrected and will not be published in the printed Official Reports.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 15, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2014-409 Q C

New Way Medical Supply Corp., as Assignee of Kathleem Long, Appellant,
against
State Farm Mutual Automobile Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered January 28, 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.

For the reasons stated in Metro Health Prods., Inc. v State Farm Mut. Auto. Ins. Co. (49 Misc 3d 130[A], 2015 NY Slip Op 51419[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]), the order is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.

Decision Date: September 15, 2016