Opinion
No. 2014–2091 Q C.
09-22-2017
ISLAND LIFE CHIROPRACTIC, P.C., as Assignee of Jean, Chery, 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 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 defendant had not issued an insurance policy covering the subject loss and, thus, that plaintiff had sued the wrong party.
For the reasons stated in TAM Med. Supply Corp. v. Omni Indem. Co.(48 Misc.3d 142[A], 2015 N.Y. Slip Op 51294[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015] ), the order is affirmed.
PESCE, P.J., ALIOTTA AND SOLOMON, JJ., concur.