Serge Chiropractic Servs., P.C. v. Ameriprise Ins. Co.
This text of Serge Chiropractic Servs., P.C. v. Ameriprise Ins. Co. (Serge Chiropractic Servs., P.C. v. Ameriprise 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.
Opinion
against
Ameriprise Ins. Co., Respondent.
Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Bruno, Gerbino & Soriano, LLP (Nathan Shapiro of counsel), for respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered May 11, 2016. The order granted 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 denied.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint upon the ground that plaintiff's assignor had procured the insurance policy in question by making a material misrepresentation as to his place of residence.
For the reasons stated in Liliya Veksler, LCSW, P.C., as Assignee of Carlos Canela v Ameriprise Ins. Co. (___ Misc 3d ___, 2018 NY Slip Op _____ [appeal No. 2016-1448 K C], decided herewith), the order is reversed, and defendant's motion for summary judgment dismissing the complaint is denied.
PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk
Decision Date: May 18, 2018
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
Serge Chiropractic Servs., P.C. v. Ameriprise Ins. Co., Counsel Stack Legal Research, https://law.counselstack.com/opinion/serge-chiropractic-servs-pc-v-ameriprise-ins-co-nyappterm-2018.