Opinion
2021-50633
07-02-2021
Arguelles, M.D., P.C., as Assignee of Cassandra Morency, Respondent, v. Omni Indemnity Company, Appellant.
Freiberg, Peck & Kang, LLP (Yilo J. Kang of counsel), for appellant. The Rybak Firm, PLLC (Oleg Rybak, Esq.), for respondent (no brief filed).
Unpublished Opinion
MOTION DECISION
Freiberg, Peck & Kang, LLP (Yilo J. Kang of counsel), for appellant.
The Rybak Firm, PLLC (Oleg Rybak, Esq.), for respondent (no brief filed).
PRESENT THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ
Appeal from an order of the Civil Court of the City of New York, Kings County (Cenceria P. Edwards, J.), entered June 28, 2018. The order, insofar as appealed from, denied defendant's motion to dismiss the complaint.
ORDERED the order, insofar as appealed from, is reversed, with $30 costs, and defendant's motion to dismiss the complaint is granted.
In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court as denied defendant's motion to dismiss the complaint.
For the reasons stated in Daily Med. Equip. Distrib. Ctr., Inc., as Assignee of Balderrna, David v American Ind. Ins. Co. (___ Misc.3d ___, 2021 NY Slip Op ______ [appeal No. 2019-341 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant's motion to dismiss the complaint is granted.
We reach no other issue.
ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.