Active Care Med. Supply Corp. v. Am. Transit Ins. Co.

Full title: Active Care Medical Supply Corp., as Assignee of Smith, Luther, Appellant…

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

Date published: Jun 1, 2018

59 Misc. 3d 150 (N.Y. App. Term 2018)

2018 N.Y. Slip Op. 50828

108 N.Y.S.3d 660

Opinion

2015–2424 K C

06-01-2018

ACTIVE CARE MEDICAL SUPPLY CORP., as Assignee of Smith, Luther, Appellant, v. AMERICAN TRANSIT INS. CO., Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Daniel J. Tucker, Esq. (Daniel J. Tucker and Netanel BenChaim of counsel), for respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant.

Daniel J. Tucker, Esq. (Daniel J. Tucker and Netanel BenChaim of counsel), for respondent.

PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, 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 defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.

For the reasons stated in Active Care Med. Supply Corp., as Assignee of Munoz, Lina M. v. American Tr. Ins. Co. (––– Misc 3d ––––, 2018 NY Slip Op. –––– [appeal No. 2015–2178 K C], decided herewith), the order is affirmed.

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