From Casetext: Smarter Legal Research

A.C. Med., P.C. v. MVAIC

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Oct 18, 2019
65 Misc. 3d 139 (N.Y. App. Term 2019)

Opinion

2018-1072 K C

10-18-2019

A.C. MEDICAL, P.C., as Assignee of Krystle Thomas, Appellant, v. MVAIC, Respondent.

Law Office of Melissa Betancourt, P.C. (Melissa Betancourt of counsel), for appellant. Marshall & Marshall, PLLC (Tracy Bader Pollak of counsel), for respondent.


Law Office of Melissa Betancourt, P.C. (Melissa Betancourt of counsel), for appellant.

Marshall & Marshall, PLLC (Tracy Bader Pollak of counsel), for respondent.

PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ

ORDERED that the order is affirmed, with $25 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 a motion by defendant Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.

Plaintiff, as assignee, was required to exhaust its remedies against all potential insurance carriers before seeking relief from defendant (see Hauswirth v. American Home Assur. Co. , 244 AD2d 528 [1997] ; Orlin & Cohen Orthopedic Assoc. v. Motor Veh. Acc. Indem. Corp. , 58 Misc 3d 132[A], 2017 NY Slip Op 51778[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017] ). Here, plaintiff did not demonstrate that it had exhausted its remedies. As a result, plaintiff's claim is premature (see Hauswirth , 244 AD2d 528 ).

Accordingly, the order is affirmed.

PESCE, P.J., ALIOTTA and SIEGAL, JJ., concur.


Summaries of

A.C. Med., P.C. v. MVAIC

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Oct 18, 2019
65 Misc. 3d 139 (N.Y. App. Term 2019)
Case details for

A.C. Med., P.C. v. MVAIC

Case Details

Full title:A.C. Medical, P.C., as Assignee of Krystle Thomas, Appellant, v. MVAIC…

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

Date published: Oct 18, 2019

Citations

65 Misc. 3d 139 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 51698
119 N.Y.S.3d 376