Maria S. Masigla, P.T. v. Omni Indem. Co.

• Court: Appellate Terms of the Supreme Court of New York
• Decided: August 16, 2019
• Docket: 2019 NYSlipOp 51363(U)
• Status: Published

Opinion

Maria S. Masigla, P.T., as Assignee of Darwin, Ihuoma, Respondent,

against

Omni Indemnity Company, Appellant.

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

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Andrew Borrok, J.), entered November 15, 2017. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,831.50.

ORDERED that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for the entry of a judgment in favor of defendant dismissing the complaint.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from a judgment which, after a nonjury trial, awarded plaintiff the principal sum of $1,831.50.

For the reasons stated in Masigla, as Assignee of Darwin, Ihuoma v Omni Indem. Co. (___ Misc 3d ___, 2019 NY Slip Op ____ [appeal No. 2018-257 K C], decided herewith), the judgment is reversed and the matter is remitted to the Civil Court for the entry of a judgment in favor of defendant dismissing the complaint.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 16, 2019