BNE Clinton Med., P.C. v. MVAIC

74 Misc. 3d 128(A), 2022 NY Slip Op 50059(U)

• Court: Appellate Terms of the Supreme Court of New York
• Decided: January 28, 2022
• Docket: 2020-470 K C
• Status: Unpublished

Opinion

BNE Clinton Med., P.C. v MVAIC (2022 NY Slip Op 50059(U)) [*1]

BNE Clinton Med., P.C. v MVAIC

2022 NY Slip Op 50059(U) [74 Misc 3d 128(A)]

Decided on January 28, 2022

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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 28, 2022

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

PRESENT: : THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, WAVNY TOUSSAINT, JJ
2020-470 K C

BNE Clinton Medical, P.C., as Assignee of Gregory Diaz, Respondent,

against

MVAIC, Appellant.

Bruno, Gerbino, Soriano & Aitken, LLP (Susan B. Eisner of counsel), for appellant. Kopelevich & Feldsherova, P.C. (David Landfair, Esq.), for respondent (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Kings County (Sandra E. Roper, J.), entered January 21, 2020. 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 Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) appeals from an order of the Civil Court denying defendant's motion which had sought summary judgment dismissing the complaint on the ground that plaintiff's assignor was not a "qualified" person.

For the reasons stated in BNE Clinton Med., P.C., as Assignee of Gregory Diaz v MVAIC (___ Misc 3d ___, 2022 NY Slip Op _____ [appeal No. 2020-466 K C], decided herewith), the order is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

ALIOTTA, P.J., WESTON and TOUSSAINT, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: January 28, 2022