Opinion
No. 2013–1003 Q C.
11-09-2015
ALLEVIATION MEDICAL, P.C. as Assignee of Clifton Lyons, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.
Opinion
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. N.Y. Cent. Mut. Fire Ins. Co., 26 Misc.3d 126 [A], 2009 N.Y. 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.