TAM Med. Supply Corp. v. Nat'l Liab. & Fire Ins. Co.

Full title: TAM Medical Supply Corp., as Assignee of JOEL JACQUEZ, Appellant, v…

Court: SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

Date published: Oct 13, 2016

2016 N.Y. Slip Op. 51533 (N.Y. App. Term 2016)

46 N.Y.S.3d 477

Opinion

2014-638 Q C

10-13-2016

TAM Medical Supply Corp., as Assignee of JOEL JACQUEZ, Appellant, v. National Liability & Fire Insurance Company, Respondent.

PESCE, P.J., ALIOTTA and SOLOMON, JJ.

PRESENT: :

Appeal from an order of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered March 4, 2014. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order is modified by providing that defendant's cross 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 denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

For the reasons stated in Tam Med. Supply Corp., as Assignee of Melisa Abdoul v National Liability & Fire Ins. Co. (____ Misc 3d _____, 2016 NY Slip Op ______ [appeal No. 2014-635 Q C], decided herewith), the order is modified by providing that defendant's cross motion for summary judgment dismissing the complaint is denied.

Pesce, P.J., Aliotta and Solomon, JJ., concur. Decision Date: October 13, 2016