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Blackman v. Allstate Ins. Co.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
May 10, 2019
63 Misc. 3d 151 (N.Y. App. Term 2019)

Opinion

2016-2999 K C

05-10-2019

Noel E. BLACKMAN, M.D., as Assignee of Levent, Emek, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Peter C. Merani, P.C. (Eric M. Wahrburg of counsel), for respondent.


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

Peter C. Merani, P.C. (Eric M. Wahrburg of counsel), for respondent.

PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ.

ORDERED that the order is modified by providing that defendant's cross motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without 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 denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

For the reasons stated in Metro Psychological Servs., P.C., as Assignee of Adams Kenneth v. Allstate Ins. Co. (––– Misc. 3d ––––, 2019 N.Y. Slip Op. –––– [appeal No. 2016-2907 K C], decided herewith), the order is modified by providing that defendant's cross motion for summary judgment dismissing the complaint is denied.

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


Summaries of

Blackman v. Allstate Ins. Co.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
May 10, 2019
63 Misc. 3d 151 (N.Y. App. Term 2019)
Case details for

Blackman v. Allstate Ins. Co.

Case Details

Full title:Noel E. Blackman, M.D., as Assignee of Levent, Emek, Appellant, v…

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

Date published: May 10, 2019

Citations

63 Misc. 3d 151 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 50750
115 N.Y.S.3d 601