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TAM Med. Supply Corp. v. Omni Indem. Co.

Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.
Sep 22, 2017
66 N.Y.S.3d 655 (N.Y. App. Term 2017)

Opinion

No. 2014–1838 Q C.

09-22-2017

TAM MEDICAL SUPPLY CORP., as Assignee of Senat, Benita, Appellant, v. OMNI INDEMNITY COMPANY, Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Freiberg, Peck & Kang, LLP (Yilo J. Kang, Esq.), for respondent.


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

Freiberg, Peck & Kang, LLP (Yilo J. Kang, Esq.), for respondent.

Present: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, by order entered March 7, 2014, the Civil Court granted a motion by defendant for summary judgment dismissing the complaint on the ground that defendant had not issued an insurance policy covering the subject loss and, thus, that plaintiff had sued the wrong party. Plaintiff subsequently moved for leave to reargue and renew. Plaintiff appeals from so much of an order of the Civil Court entered July 9, 2014 as, upon reargument and renewal, adhered to the March 7, 2014 order.

For the reasons stated in TAM Med. Supply Corp. v. Omni Indem. Co.(48 Misc.3d 142[A], 2015 N.Y. Slip Op 51294[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015] ), the order, insofar as appealed from, is affirmed.

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


Summaries of

TAM Med. Supply Corp. v. Omni Indem. Co.

Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.
Sep 22, 2017
66 N.Y.S.3d 655 (N.Y. App. Term 2017)
Case details for

TAM Med. Supply Corp. v. Omni Indem. Co.

Case Details

Full title:TAM MEDICAL SUPPLY CORP., as Assignee of Senat, Benita, Appellant, v. OMNI…

Court:Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.

Date published: Sep 22, 2017

Citations

66 N.Y.S.3d 655 (N.Y. App. Term 2017)