April 15, 2019

Sure Way NY, Inc. v Travelers Ins. Co. (2019 NY Slip Op 50600(U))

Headnote

The court considered the denial of defendant's motion for summary judgment in a case where a provider was seeking to recover assigned first-party no-fault benefits. The main issue decided was whether the defendant's motion for summary judgment should be granted to dismiss the complaint. The court held that the order denying the defendant's motion for summary judgment was reversed, and the defendant's motion for summary judgment dismissing the complaint was granted. This decision was in line with a previous case, Sure Way, Inc., as Assignee of Dixin, Marla v Travelers Ins. Co., and the previous decision and order of the court was recalled and vacated.

Reported in New York Official Reports at Sure Way NY, Inc. v Travelers Ins. Co. (2019 NY Slip Op 50600(U))

Sure Way NY, Inc. v Travelers Ins. Co. (2019 NY Slip Op 50600(U)) [*1]

Sure Way NY, Inc. v Travelers Ins. Co.

2019 NY Slip Op 50600(U) [63 Misc 3d 141(A)]

Decided on April 15, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 15, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., MICHELLE WESTON, BERNICE D. SIEGAL, JJ
2016-2079 K C

Sure Way NY, Inc., as Assignee of Fagan, Esther, Respondent,
against
Travelers Insurance Company, Appellant.

The Rybak Firm, PLLC (Duane Frankson of counsel), for appellant. Law Offices of Aloy O. Ibuzor (Damin J. Toell and Karina Barska of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Katherine A. Levine, J.), entered April 20, 2016. The order denied defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, without costs, and defendant’s motion for summary judgment dismissing the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court which denied defendant’s motion for summary judgment dismissing the complaint.

For the reasons stated in Sure Way, Inc., as Assignee of Dixin, Marla v Travelers Ins. Co. (__ Misc 3d ___, 2019 NY Slip Op ______ [appeal No. 2017-9 K C], decided herewith), the order is reversed and defendant’s motion for summary judgment dismissing the complaint is granted.

The decision and order of this court dated July 13, 2018 (60 Misc 3d 139[A], 2018 NY Slip Op 51130[U]) is hereby recalled and vacated (see motion decided simultaneously herewith).

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: April 15, 2019