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Right Aid Med. Supply Corp. v. MVAIC

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Oct 18, 2019
65 Misc. 3d 137 (N.Y. App. Term 2019)

Opinion

2016-2707 K C

10-18-2019

RIGHT AID MEDICAL SUPPLY CORP., as Assignee of Bell, Lamont, Appellant, v. MVAIC, Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Marshall & Marshall, PLLC (Barbara Carabell of counsel), for respondent.


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

Marshall & Marshall, PLLC (Barbara Carabell of counsel), for respondent.

PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, 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 a motion by defendant Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) for summary judgment dismissing the complaint.

All of plaintiff's arguments as to why defendant's motion for summary judgment should have been denied are not properly before this court, since they are being raised for the first time on appeal, and we decline to consider them (see Joe v. Upper Room Ministries, Inc. , 88 AD3d 963 [2011] ; Gulf Ins. Co. v. Kanen , 13 AD3d 579 [2004] ). Accordingly, the order is affirmed.

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


Summaries of

Right Aid Med. Supply Corp. v. MVAIC

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Oct 18, 2019
65 Misc. 3d 137 (N.Y. App. Term 2019)
Case details for

Right Aid Med. Supply Corp. v. MVAIC

Case Details

Full title:Right Aid Medical Supply Corp., as Assignee of Bell, Lamont, Appellant, v…

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

Date published: Oct 18, 2019

Citations

65 Misc. 3d 137 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 51682
119 N.Y.S.3d 371