MSB Physical Therapy, P.C. v. Nationwide Ins.

Full title: MSB Physical Therapy, P.C., as Assignee of Reid, Shamel W., Appellant, v…

Court: Supreme Court of New York, Second Department

Date published: Mar 3, 2023

2023 N.Y. Slip Op. 50284 (N.Y. App. Term 2023)

Opinion

No. 2019-1356 K C

03-03-2023

MSB Physical Therapy, P.C., as Assignee of Reid, Shamel W., Appellant, v. Nationwide Ins., Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for respondent.

Unpublished Opinion

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

Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for respondent.

PRESENT:: CHEREÉ A. BUGGS, J.P., LISA S. OTTLEY, LOURDES M. VENTURA, JJ

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered June 13, 2019. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.

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 which granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.

For the reasons stated in MSB Physical Therapy, P.C. v Nationwide Ins. (75 Misc.3d 136 [A], 2022 NY Slip Op 50564[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]), the order is affirmed.

BUGGS, J.P., and OTTLEY, J., concur.

VENTURA, J., taking no part.