Performance Plus Med., P.C. v. American Tr. Ins. Co.

Appellate Terms of the Supreme Court of New York

Performance Plus Med., P.C. v. American Tr. Ins. Co.

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 30, 2018

Docket2018 NYSlipOp 51771(U)

StatusPublished

This text of Performance Plus Med., P.C. v. American Tr. Ins. Co. (Performance Plus Med., 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

Performance Plus Med., P.C. v. American Tr. Ins. Co., (N.Y. Ct. App. 2018).

Pincite

Opinion

Performance Plus Medical, P.C., as Assignee of Augustine, Gregory, Appellant,

against

American Transit Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Office of Daniel J. Tucker, for respondent (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Queens County (Joseph Esposito, J.), entered July 27, 2015. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order 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 denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint on the ground that defendant had not issued an insurance policy covering the subject loss.

Contrary to plaintiff's argument as to defendant's cross motion, the proof submitted by defendant was sufficient to demonstrate that it had not issued a policy covering the subject loss (see e.g. New Way Med. Supply Corp. v Dollar Rent A Car, 49 Misc 3d 154[A], 2015 NY Slip Op 51794[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]; Delta Diagnostic Radiology, P.C. v American Tr. Ins. Co., 44 Misc 3d 136[A], 2014 NY Slip Op 51240[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2014]).

Accordingly, the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 30, 2018

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