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Parisien v. Allstate Ins. Co.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
May 10, 2019
63 Misc. 3d 152 (N.Y. App. Term 2019)

Opinion

2017-43 K C

05-10-2019

Jules Francois PARISIEN, M.D., as Assignee of Joseph, Algernon, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Abrams, Cohen & Associates, P.C. (Frank Piccininni of counsel), for respondent.


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

Abrams, Cohen & Associates, P.C. (Frank Piccininni of counsel), for respondent.

PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ

ORDERED that the order, insofar as appealed from, is modified by providing that the branches of defendant's cross motion seeking summary judgment dismissing the first, second, fourth, and fifth causes of action are denied; as so modified, the order, insofar as appealed from, is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from so much of an order of the Civil Court as denied the branches of plaintiff's motion seeking summary judgment on the first, second, fourth, and fifth causes of action, and granted the branches of defendant's cross motion seeking summary judgment dismissing those causes of action.

For the reasons stated in Metro Psychological Servs., P.C., as Assignee of Adams Kenneth v. Allstate Ins. Co. (––– Misc 3d ––––, 2019 NY Slip Op. –––– [appeal No. 2016-2907 K C], decided herewith), the order, insofar as appealed from, is modified by providing that the branches of defendant's cross motion seeking summary judgment dismissing the first, second, fourth, and fifth causes of action are denied.

PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.


Summaries of

Parisien v. Allstate Ins. Co.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
May 10, 2019
63 Misc. 3d 152 (N.Y. App. Term 2019)
Case details for

Parisien v. Allstate Ins. Co.

Case Details

Full title:Jules Francois Parisien, M.D., as Assignee of Joseph, Algernon, Appellant…

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

Date published: May 10, 2019

Citations

63 Misc. 3d 152 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 50755
115 N.Y.S.3d 598