Active Care Med. Supply Corp. v. Mvaic

Full title: Active Care Medical Supply Corp., as Assignee of Swan, Steven, Appellant…

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

Date published: Aug 2, 2019

64 Misc. 3d 142 (N.Y. App. Term 2019)

2019 N.Y. Slip Op. 51263

117 N.Y.S.3d 425

Opinion

2017-944 K C

08-02-2019

ACTIVE CARE MEDICAL SUPPLY CORP., as Assignee of Swan, Steven, Appellant, v. MVAIC, Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. The Law Office of Jaime E. Gangemi (Jaime E. Gangemi of counsel), for respondent.

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

The Law Office of Jaime E. Gangemi (Jaime E. Gangemi of counsel), for respondent.

PRESENT: MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ

Appeal from an order of the Civil Court of the City of New York, Kings County (Theresa M. Ciccotto, J.), entered February 1, 2017. The order granted defendant's motion for summary judgment dismissing the complaint.

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 Motor Vehicle Accident Indemnification Corporation's (sued herein as MVAIC) motion for summary judgment dismissing the complaint.

For the reasons stated in Starlite Acupuncture, P.C., as Assignee of Torres, Yamil v. MVAIC (––– Misc 3d ––––, 2019 NY Slip Op –––– [appeal No. 2016-3006 K C], decided herewith), the order is affirmed.

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