Active Care Med. Supply Corp. v. Am. Transit Ins. Co.

Full title: Active Care Medical Supply Corp., as Assignee of Thornton, Terry…

Court: SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

Date published: May 10, 2019

63 Misc. 3d 152 (N.Y. App. Term 2019)

2019 N.Y. Slip Op. 50758

115 N.Y.S.3d 601

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.