Milky Way Acupuncture, P.C. v. MVAIC

Appellate Terms of the Supreme Court of New York

Milky Way Acupuncture, P.C. v. MVAIC

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 8, 2019

Docket2019 NYSlipOp 50287(U)

StatusPublished

This text of Milky Way Acupuncture, P.C. v. MVAIC (Milky Way Acupuncture, P.C. v. MVAIC) 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

Milky Way Acupuncture, P.C. v. MVAIC, (N.Y. Ct. App. 2019).

Pincite

Opinion

Milky Way Acupuncture, P.C., as Assignee of Thomas, Andrew, Respondent,

against

MVAIC, Appellant.

Marshall & Marshall, PLLC (Barbara Caraell 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 (John J. Kelley, J.), entered July 18, 2016. 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 which denied defendant's motion for summary judgment dismissing the complaint.

For the reasons stated in Veraso Med. Supply Corp., as Assignee of Greer Foster Salvanita v MVAIC (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2016-1629 K C], decided herewith), the order is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: March 08, 2019

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