Opinion
2016-3029 K C
08-02-2019
STARLITE ACUPUNCTURE, P.C., as Assignee of Pressley, Kevin, Respondent, v. MVAIC, Appellant.
Marshall & Marshall, PLLC (Barbara Carabell, New York, of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.
Marshall & Marshall, PLLC (Barbara Carabell, New York, of counsel), for appellant.
The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.
PRESENT: : MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ
ORDERED that the order 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 Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) appeals from an order of the Civil Court which denied defendant's motion for summary judgment dismissing the complaint.
For the reasons stated in Starlite Acupuncture, P.C., as Assignee of Torres, Yamil v. MVAIC (––– Misc 3d ––––, 2019 NY Slip Op –––– [appeal No. 2016-3006 K C], decided herewith), the order is reversed and defendant's motion for summary judgment dismissing the complaint is granted.
PESCE, P.J., WESTON and ALIOTTA, JJ., concur.