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B.Y. v. Motor Vehicle Accident Indemnification Corp.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Nov 1, 2016
2016 N.Y. Slip Op. 51626 (N.Y. App. Term 2016)

Opinion

No. 2014–1231 K C.

11-01-2016

B.Y., M.D., P.C., City Care Acupuncture, P.C., MK Chiropractic, P.C., Oasis Physical Therapy, P.C. and Parkway Medical Care, P.C., as Assignees of Rashaad Rice and James Thompson, Appellants, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP., Respondent.


Appeal from an order of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered April 9, 2014. The order denied plaintiffs' 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 providers to recover assigned first-party no-fault benefits, plaintiffs appeal from an order of the Civil Court which denied plaintiffs' motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

Contrary to plaintiffs' contention, since plaintiffs and their assignors were aware of the identity of the owner of the vehicle in which the assignors had been passengers at the time of the accident, plaintiffs, as assignees, were required to exhaust their remedies against the vehicle's owner before seeking relief from defendant (see Hauswirth v. American Home Assur. Co., 244 A.D.2d 528 [1997] ; Modern Art Med., P.C. v. MVAIC, 22 Misc.3d 126[A], 2008 N.Y. Slip Op 52586[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2008]; Doctor Liliya Med., P.C. v. MVAIC, 21 Misc.3d 143[A], 2008 N.Y. Slip Op 52453[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2008] ). Here, plaintiffs did not demonstrate that they had exhausted their remedies against the owner of the vehicle. Plaintiffs' remaining contention lacks merit.

Accordingly, the order is affirmed.

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


Summaries of

B.Y. v. Motor Vehicle Accident Indemnification Corp.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Nov 1, 2016
2016 N.Y. Slip Op. 51626 (N.Y. App. Term 2016)
Case details for

B.Y. v. Motor Vehicle Accident Indemnification Corp.

Case Details

Full title:B.Y., M.D., P.C., CITY CARE ACUPUNCTURE, P.C., MK CHIROPRACTIC, P.C.…

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

Date published: Nov 1, 2016

Citations

2016 N.Y. Slip Op. 51626 (N.Y. App. Term 2016)
48 N.Y.S.3d 264