Longevity Med. Supply, Inc. v. American Ind. Ins. Co.

Appellate Terms of the Supreme Court of New York

Longevity Med. Supply, Inc. v. American Ind. Ins. Co.

73 Misc. 3d 141(A), 2021 NY Slip Op 51201(U)

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 10, 2021

Docket2018-2008 K C

StatusUnpublished

Cited by2 cases

This text of 73 Misc. 3d 141(A) (Longevity Med. Supply, Inc. v. American Ind. 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

Longevity Med. Supply, Inc. v. American Ind. Ins. Co., 73 Misc. 3d 141(A), 2021 NY Slip Op 51201(U) (N.Y. Ct. App. 2021).

Pincite

Opinion

Longevity Med. Supply, Inc. v American Ind. Ins. Co. (2021 NY Slip Op 51201(U)) [*1]

Longevity Med. Supply, Inc. v American Ind. Ins. Co.

2021 NY Slip Op 51201(U) [73 Misc 3d 141(A)]

Decided on December 10, 2021

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This opinion is uncorrected and will not be published in the printed Official Reports.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 10, 2021

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

PRESENT: : THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, DONNA-MARIE E. GOLIA, JJ
2018-2008 K C

Longevity Medical Supply, Inc., as Assignee of Pagan, Stephanie, Respondent,

against

American Independent Ins. Co., American Independent Insurance Companies, Inc. and Good2Go Auto Insurance, Defendants, and Omni Indemnity Company, Appellant.

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

Appeal from an order of the Civil Court of the City of New York, Kings County (Lorna J. McAllister, J.), entered September 18, 2018. The order, insofar as appealed from, denied the branch of a motion by defendants seeking to dismiss so much of the complaint as was asserted against defendant Omni Indemnity Company.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and the branch of defendants' motion seeking to dismiss so much of the complaint as was asserted against defendant Omni Indemnity Company is granted.

In this action by a provider to recover assigned first-party no-fault benefits, the affidavit of service alleges that the summons and complaint were served by mail pursuant to CPLR 312-a. However, plaintiff's papers do not contain an acknowledgment of service. Defendants moved to dismiss the complaint on the ground that plaintiff had failed to obtain personal jurisdiction over them. Plaintiff cross-moved for summary judgment. Defendant Omni Indemnity Company appeals from so much of an order of the Civil Court entered September 18, 2018 as denied the branch of the motion seeking to dismiss the complaint insofar as asserted against it.

For the reasons stated in Longevity Med. Supply, Inc. v American Ind. Ins. Co. (69 Misc 3d 127[A], 2020 NY Slip Op 51118[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020]), the order, insofar as appealed from, is reversed, and the branch of the motion seeking to dismiss so much of the complaint as was asserted against defendant Omni Indemnity Company is granted.

ALIOTTA, P.J., ELLIOT and GOLIA, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: December 10, 2021

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