Opinion
2020-477 K C
01-28-2022
Scott Chiropractic, P.C., as Assignee of Gregory Diaz, Respondent, v. MVAIC, Appellant.
Bruno, Gerbino, Soriano & Aitken, LLP (Susan B. Eisner of counsel), for appellant. Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for respondent.
Unpublished Opinion
Bruno, Gerbino, Soriano & Aitken, LLP (Susan B. Eisner of counsel), for appellant.
Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for respondent.
PRESENT:: THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, WAVNY TOUSSAINT, JJ
Appeal from an order of the Civil Court of the City of New York, Kings County (Sandra E. Roper, J.), entered January 21, 2020. The order denied defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is granted.
In this action by a provider to recover assigned first-party no-fault benefits, defendant Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) appeals from an order of the Civil Court denying defendant's motion which had sought summary judgment dismissing the complaint on the ground that plaintiff's assignor was not a "qualified" person.
For the reasons stated in BNE Clinton Med., P.C., as Assignee of Gregory Diaz v MVAIC (___ Misc.3d ___, 2022 NY Slip Op _____ [appeal No. 2020-466 K C], decided herewith), the order is reversed and defendant's motion for summary judgment dismissing the complaint is granted.
ALIOTTA, P.J., WESTON and TOUSSAINT, JJ., concur.