Nagle Med. Plaza, P.C. v. Allstate Ins.

Full title: NAGLE MEDICAL PLAZA, P.C. (B), as assignee of NAQUAN KIRKLAND, Appellant…

Court: Appellate Term of the Supreme Court of New York, Second Department

Date published: May 28, 2008

2008 N.Y. Slip Op. 51122 (N.Y. App. Term 2008)

Opinion

2007-719 Q C.

Decided May 28, 2008.

Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered March 20, 2007. The order, insofar as appealed from, in effect, denied plaintiff's motion for summary judgment.

Appeal dismissed as academic.

PRESENT: PESCE, P.J., GOLIA and STEINHARDT, JJ.

In this action by a provider to recover assigned first-party no-fault benefits, the court, in effect, denied plaintiff's motion for summary judgment, finding that the requested relief was premature, and denied defendant's cross motion for summary judgment. Plaintiff appealed from that part of the order which denied its motion for summary judgment.

Subsequent to the entry of the order appealed from, the Civil Court entered an order dated May 13, 2007 dismissing the action. The dismissal of the action rendered the instant appeal academic ( see Fair Price Med. Supply Corp. v ELRAC Inc. , 13 Misc 3d 33 [App Term, 2d 11th Jud Dists 2006]). Accordingly, plaintiff's appeal is dismissed.

Pesce, P.J., Golia and Steinhardt, JJ., concur.