August 11, 2017

Ultimate Health Prods., Inc. v Omni Indem. Co. (2017 NY Slip Op 51018(U))

Headnote

The insurer's summary judgment motion was granted on its defense that it had issued no policy covering the accident vehicle. The Appellate Term, Second Department, reversed the order denying the motion and dismissed the provider's complaint for assigned no-fault benefits for the reasons stated in TAM Med. Supply Corp. v Omni Indem. Co.

Reported in New York Official Reports at Ultimate Health Prods., Inc. v Omni Indem. Co. (2017 NY Slip Op 51018(U))

[*1]
Ultimate Health Prods., Inc. v Omni Indem. Co.
2017 NY Slip Op 51018(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2014-1279 K C

Ultimate Health Products, Inc., as Assignee of Georges Bercy, Respondent,

against

Omni Indemnity Company, Appellant.


Freiberg, Peck & Kang, LLP (Yilo J. Kang, Esq.), for appellant. The Rybak Firm, PLLC, for respondent, (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Kings County (Carol Ruth Feinman, J.), entered February 25, 2014. The order denied defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 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 denying defendant’s motion which sought 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 is reversed and defendant’s motion for summary judgment dismissing the complaint is granted.

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


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

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