Advantage Radiology, P.C. a/a/o Mikhail Medvedovskiy, Plaintiff-Respondent, v. MVAIC (2023)

Supreme Court, Appellate Term, New York,

Advantage Radiology, P.C. a/a/o Mikhail Medvedovskiy, Plaintiff-Respondent, v. MVAIC, Defendant-Appellant.

570547 /22

Decided: February 27, 2023

PRESENT: Hagler, P.J., Tisch, James, JJ.

Per Curiam.

Order (Judy H. Kim, J.), entered July 1, 2021, insofar as appealed from, affirmed, with $10 costs.

This action, seeking recovery of assigned first party no-fault benefits, is not ripe for summary dismissal. Defendant's submission on its summary judgment motion revealed the existence of triable issues of fact concerning whether defendant exhausted the coverage limits by payments to other providers and to the assignor for lost wages, and whether such payments were made in compliance with the priority of payment regulations (see 11 NYCRR 65-3.15; see generally New York & Presbyt. Hosp. v Allstate Ins. Co., 12 AD3d 579 [2004]; Harmonic Physical Therapy, P.C. v Praetorian Ins. Co., 47 Misc 3d 137[A], 2015 NY Slip Op 50525[U] [App Term, 1st Dept 2015]; cf. Country-Wide Ins. Co. v Metro Pain Specialists P.C., __ AD3d __, 2022 NY Slip Op 06865 [1st Dept 2022] [priority payment defense waived]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: February 27, 2023

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