Alleviation Med., P.C. v. Allstate Ins. Co.

Full title: Alleviation Medical, P.C. as Assignee of CLIFTON LYONS, Appellant, v…

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

Date published: Nov 9, 2015

2015 N.Y. Slip Op. 51630 (N.Y. App. Term 2015)

28 N.Y.S.3d 647

Opinion

2013-1003 Q C

11-09-2015

Alleviation Medical, P.C. as Assignee of CLIFTON LYONS, Appellant, v. Allstate 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 (Larry Love, J.), entered April 17, 2013. 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 affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. Defendant cross-moved for summary judgment dismissing the complaint on the ground that the alleged injuries did not arise out of a covered loss. The Civil Court denied plaintiff's motion and granted defendant's cross motion.

Plaintiff's arguments on appeal are being raised for the first time. In any event, they are insufficient to defeat defendant's cross motion (see Andromeda Med. Care, P.C. v NY Cent. Mut. Fire Ins. Co., 26 Misc 3d 126[A], 2009 NY Slip Op 52601[U] [App Term, 2d, 11th & 13th Jud Dists 2009]).

Accordingly, the order is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.

Decision Date: November 09, 2015