Natural Therapy Acupuncture, P.C. v. MVAIC

• Court: Appellate Terms of the Supreme Court of New York
• Decided: March 8, 2019
• Docket: 2019 NYSlipOp 50289(U)
• Status: Published

Opinion

Natural Therapy Acupuncture, P.C., as Assignee of Elysee, Ronald, Respondent,

against

MVAIC, Appellant.

Marshall & Marshall, PLLC (Barbara Carabell 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 November 16, 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 Cautious Care Med., P.C., as Assignee of Fortune, Tyreek v MVAIC (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2016-2624 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