August 11, 2017

TAM Med. Supply Corp. v Omni Indem. Co. (2017 NY Slip Op 51017(U))

Headnote

The insurer's summary judgment dismissing the complaint was affirmed on its defense that it had issued no policy covering the accident vehicle. The Appellate Term, Second Department, affirmed the order, insofar as appealed from, which also denied the provider's summary judgment motion, for the reasons stated in TAM Med. Supply Corp. v Omni Indem. Co.

Reported in New York Official Reports at TAM Med. Supply Corp. v Omni Indem. Co. (2017 NY Slip Op 51017(U))

[*1]
TAM Med. Supply Corp. v Omni Indem. Co.
2017 NY Slip Op 51017(U) [56 Misc 3d 137(A)]
Decided on August 11, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 11, 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
2014-1243 K C

TAM Medical Supply Corp., as Assignee of Darlene Dorleans, Appellant,

against

Omni Indemnity Company, Respondent.


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

Appeal from an order of the Civil Court of the City of New York, Kings County (Steven Z. Mostofsky, J.), entered March 27, 2014. The order, insofar as appealed from, denied plaintiff’s motion for summary judgment and granted the branch of defendant’s cross motion seeking summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from so much of an order of the Civil Court as denied plaintiff’s motion for summary judgment, and granted the branch of defendant’s cross motion seeking summary judgment dismissing the complaint on the ground that defendant had not issued an insurance policy covering the vehicle which was involved in the accident in question.

For the reasons stated in Tam Med. Supply Corp. v Omni Indem. Co. (48 Misc 3d 142[A], 2015 NY Slip Op 51294[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]), the order, insofar as appealed from, is affirmed.

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


ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 11, 2017

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