Opinion
No. 2014–1106 K C.
09-22-2017
GREENWAY MEDICAL SUPPLY CORP., as Assignee of Joseph Daniel, Appellant, v. ELRAC, INC., Respondent.
The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Carman, Callahan & Ingham, LLP (Paul A. Barrett, Esq.), for respondent.
The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant.
Carman, Callahan & Ingham, LLP (Paul A. Barrett, Esq.), for respondent.
Present: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN SOLOMON, JJ.
ORDERED that the order is affirmed, with $25 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 granted defendant's motion for summary judgment dismissing the complaint on the ground that it had not received timely notice of the accident (see 11 NYCRR 65–2.4 [a], [b] ).
For the reasons stated in Compas Med., P.C. v. ELRAC, Inc.(53 Misc.3d 138 [A], 2016 N.Y. Slip Op 51497[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016] ), the order is affirmed.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.