Opinion
No. 2010–1756 Q C.
2012-02-2
EXACT MEDICAL SERVICES, P.C., N.Y. Direct Physical Therapy, P.C. and Point of Health Acupuncture, P.C. as Assignees of Justine Boffa, Respondents, v. ALLSTATE INSURANCE CO., Appellant.
Present: WESTON, J.P., PESCE and RIOS, JJ.
Appeal from an order of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), entered July 9, 2010. The order granted plaintiffs' motion to restore the action to the trial calendar.
ORDERED that the order is affirmed, without costs.
In this action by providers to recover assigned first-party no-fault benefits, the Civil Court granted plaintiffs' motion to restore the action to the trial calendar pursuant to Uniform Rules for New York City Civil Court (22 NYCRR) § 208.14(c). The owner of plaintiff Exact Medical Services, P.C. was Dr. Ronald Collins, who passed away on September 15, 2008. Anna Val, Esq., was appointed as the administrator of the estate of Dr. Collins on September 9, 2009. Her role was to preserve the value of, and prevent loss to, the estate.
For the reasons stated in Eastern Star Acupuncture, P.C. v. Allstate Ins. Co. (Misc.3d, 2012 N.Y. Slip Op [Appeal No.2010–2113 Q C], decided herewith), the order is affirmed.