Opinion
2015–1232 K C
12-19-2017
ARGUELLES, M.D., P.C., as Assignee of Martine Ganthier, Appellant, v. OMNI INDEMNITY COMPANY, Respondent.
The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Freiberg, Peck & Kang, LLP (Yilo J. Kang, Esq.), for respondent.
The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant.
Freiberg, Peck & Kang, LLP (Yilo J. Kang, Esq.), for respondent.
PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
ORDERED that the order entered February 23, 2015, insofar as appealed from, is affirmed, with $25 costs.
In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint on the ground that defendant had not issued the insurance policy in question and, thus, that plaintiff had sued the wrong insurer. Plaintiff opposed the motion. In an order dated March 22, 2013, the Civil Court (Reginald A. Boddie, J.) denied defendant's motion. Defendant subsequently moved for leave to renew its prior motion, contending that, after the Civil Court's order, there had been "a change in the law that would change the prior determination" ( CPLR 2221 [e] [2] ), referring to this court's decision in Great Health Care Chiropractic, P.C. v. Omni Indem. Co. (40 Misc 3d 139[A], 2013 NY Slip Op. 51450[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2013] ). As limited by its brief, plaintiff appeals from so much of an order of the Civil Court entered February 23, 2015 as, upon renewal, in effect, vacated the order dated March 22, 2013, and thereupon granted defendant's motion for summary judgment.
For the reasons stated in Tam Med. Supply Corp. v. Omni Indem. Co. (48 Misc 3d 142[A], 2015 NY Slip Op. 51294[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015] ) and Great Health Care Chiropractic, P.C. v. Omni Indem. Co. (40 Misc 3d 139[A], 2013 NY Slip Op. 51450[U] ), the order entered February 23, 2015, insofar as appealed from, is affirmed.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.