Opinion
2018-1468 K C
02-18-2022
NATURAL THERAPY ACUPUNCTURE, P.C., as Assignee of Champagne, Jean Willy, Respondent, v. OMNI INDEMNITY COMPANY, Appellant.
Freiberg, Peck & Kang, LLP (Yilo J. Kang of counsel), for appellant. The Rybak Firm, PLLC (Oleg Rybak of counsel), for respondent (no brief filed).
Freiberg, Peck & Kang, LLP (Yilo J. Kang of counsel), for appellant.
The Rybak Firm, PLLC (Oleg Rybak of counsel), for respondent (no brief filed).
PRESENT: THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, DONNA-MARIE E. GOLIA, JJ.
ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is granted.
In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court as denied defendant's motion which had sought summary judgment dismissing the complaint on the ground, among others, that the action was barred by the statute of limitations.
For the reasons stated in Vincent Med. Servs., P.C., as Assignee of Gederson Gedeon v Omni Indem. Co. (––– Misc 3d ––––, 2022 NY Slip Op –––– [appeal No. 2018-1277 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant's motion for summary judgment dismissing the complaint is granted.
ALIOTTA, P.J., and GOLIA, JJ., concur.
ELLIOT, J., taking no part.