December 22, 2017

Vega Chiropractic, P.C. v Country-Wide Ins. Co. (2017 NY Slip Op 51853(U))

Headnote

The court considered an appeal from an order of the Civil Court of the City of New York, Queens County, which denied the plaintiff's motion for summary judgment and granted the defendant's cross motion for summary judgment dismissing the complaint. The main issue decided was whether the provider was entitled to recover assigned first-party no-fault benefits, and the court held that the order denying the plaintiff's motion and granting the defendant's cross motion was affirmed, with $25 costs. The court also referred to a similar case to support their decision, and concluded that the plaintiff's remaining contention lacked merit.

Reported in New York Official Reports at Vega Chiropractic, P.C. v Country-Wide Ins. Co. (2017 NY Slip Op 51853(U))

Vega Chiropractic, P.C. v Country-Wide Ins. Co. (2017 NY Slip Op 51853(U)) [*1]

Vega Chiropractic, P.C. v Country-Wide Ins. Co.

2017 NY Slip Op 51853(U) [58 Misc 3d 139(A)]

Decided on December 22, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 22, 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
2015-167 Q C

Vega Chiropractic, P.C., as Assignee of Floyd Joseph, Appellant,
against
Country-Wide Ins. Co., Respondent.

Petre and Zabokritsky, P.C., (Zachary Rozenberg, Esq.), for appellant. Jaffe & Koumourdas, LLP (Jean H. Kang, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered December 3, 2014. The order denied plaintiff’s motion for summary judgment and granted defendant’s cross 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 moved for summary judgment and defendant cross-moved for summary judgment dismissing the complaint. By order entered December 3, 2014, the Civil Court denied plaintiff’s motion and granted defendant’s cross motion.

For the reasons stated in MT Servs. P.T., P.C., as Assignee of Richardson Steven v Country-Wide Ins. Co. (__ Misc 3d ___, 2017 NY Slip Op _____ [appeal No. 2015-155 Q C], decided herewith), and since plaintiff’s remaining contention lacks merit, the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: December 22, 2017