Flatbush Chiropractic, P.C. v. American Tr. Ins. Co.

CourtAppellate Terms of the Supreme Court of New York
DecidedJanuary 20, 2017
Docket2017 NYSlipOp 50106(U)
StatusPublished

This text of Flatbush Chiropractic, P.C. v. American Tr. Ins. Co. (Flatbush Chiropractic, P.C. v. American Tr. Ins. Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Flatbush Chiropractic, P.C. v. American Tr. Ins. Co., (N.Y. Ct. App. 2017).

Opinion



Flatbush Chiropractic, P.C., as Assignee of JASPER BROOMES, Appellant,

against

American Transit Ins. Co., Respondent.


Appeal from an order of the Civil Court of the City of New York, Queens County (Terrence C. O'Connor, J.), entered May 6, 2015. The order granted defendant's motion to dismiss the complaint and denied plaintiff's cross motion for leave to renew its prior motion for summary judgment, which had been denied by an order of the same court (Larry Love, J.) entered March 7, 2013.

ORDERED that the order entered May 6, 2015 is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion to dismiss the complaint and denied plaintiff's cross motion for leave to renew its prior motion for summary judgment, which had been denied by an order of the same court (Larry Love, J.) entered March 7, 2013.

For the reasons stated in Flatbush Chiropractic, P.C., as Assignee of Pierre Luxio v American Tr. Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op ___ [appeal No. 2015-1649 Q C], decided herewith), the order is affirmed.

Elliot, J.P., Pesce and Solomon, JJ., concur.


Decision Date: January 20, 2017

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Flatbush Chiropractic, P.C. v. American Tr. Ins. Co., Counsel Stack Legal Research, https://law.counselstack.com/opinion/flatbush-chiropractic-pc-v-american-tr-ins-co-nyappterm-2017.