October 25, 2019

Performance Plus Med., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51746(U))

Headnote

The court considered an appeal from an order of the Civil Court that denied the defendant's motion to dismiss the complaint in an action to recover assigned first-party no-fault benefits. The main issue decided was whether the defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (8) should be granted. The court reversed the order and granted the defendant's motion to dismiss the complaint, citing another case as precedent. The holding of the case was that the defendant's motion to dismiss the complaint was granted, and the order denying the motion was reversed.

Reported in New York Official Reports at Performance Plus Med., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51746(U))

Performance Plus Med., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51746(U)) [*1]

Performance Plus Med., P.C. v American Ind. Ins. Co.

2019 NY Slip Op 51746(U) [65 Misc 3d 144(A)]

Decided on October 25, 2019

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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 25, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ
2018-104 K C

Performance Plus Medical, P.C., as Assignee of Lapompe, Alvin, Respondent,
against
American Independent Ins. Co., Appellant.

Freiberg, Peck & Kang, LLP (Yilo J. Kang of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Odessa Kennedy, J.), entered January 9, 2018. The order, insofar as appealed from, denied defendant’s motion to dismiss the complaint.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant’s motion to dismiss the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court as denied defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (8).

For the reasons stated in Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v American Ind. Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-2405 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant’s motion to dismiss the complaint is granted.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: October 25, 2019