Opinion
2017-314 K C
05-10-2019
ACTIVE CARE MEDICAL SUPPLY CORP., as Assignee of Thornton, Terry, Appellant, v. 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).
The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant.
Law Office of Daniel J. Tucker, for respondent (no brief filed).
PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ.
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.
For the reasons stated in Active Care Med. Supply Corp., as Assignee of Wilson, Andrae v. American Tr. Ins. Co. ( ––– Misc 3d ––––, 2019 NY Slip Op –––– [appeal No. 2016-2883 K C], decided herewith), the order is affirmed.
PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.