Greenway Med. Supply Corp. v. Elrac, Inc.

Full title: Greenway Medical Supply Corp., as Assignee of Joseph Daniel, Appellant, v…

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

Date published: Sep 22, 2017

2017 N.Y. Slip Op. 51236 (N.Y. App. Term 2017)

Opinion

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.

MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN SOLOMON, JJ

PRESENT: :

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

Carman, Callahan & Ingham, LLP (Paul A. Barrett, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered February 18, 2014. The order granted defendant's motion for summary judgment dismissing the complaint.

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 NY 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. ENTER: Paul Kenny Chief Clerk Decision Date: September 22, 2017