Opinion
2023-164 K C
01-12-2024
PAIN MEDICAL, PLLC, as Assignee of Vazquez, Hector N., Appellant, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., Respondent.
ORDERED that the order is modified by providing that defendant's motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without 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 granted defendant's motion for summary judgment dismissing the complaint on the ground that the policy limits had been exhausted, and denied plaintiff's cross-motion for summary judgment.
For the reasons stated in Pain Med., PLLC, as Assignee of Van-Bochove, Nourine v State Farm Mut. Auto. Ins. Co. (––– Misc 3d ––––, 2024 NY Slip Op –––– [appeal No. 2023-753 K C], decided herewith), the order is modified by providing that defendant's motion for summary judgment dismissing the complaint is denied.
OTTLEY, J.P., BUGGS and HOM, JJ., concur.