BURKE PHYSICAL THERAPY v. STATE FARM MUTUAL AUTOMOBILE INS CO (2025)

Supreme Court, Appellate Term, New York,

BURKE PHYSICAL THERAPY, P.C., as Assignee of Coleman, Kanika, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., Respondent.

2023-1100 K C

Decided: May 16, 2025

PRESENT: CHEREÉ A. BUGGS, J.P., LISA S. OTTLEY, JOANNE D. QUIÑONES, JJ.

The Rybak Firm, PLLC (Damin J. Toell and Richard Rozhik of counsel), for appellant. Rivkin Radler, LLP (Stuart M. Bodoff of counsel), for respondent.

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, plaintiff appeals, as limited by the brief, from so much of an order of the Civil Court (Sandra E. Roper, J.) dated September 8, 2023 as granted defendant's cross-motion for summary judgment dismissing the complaint on the ground that plaintiff had failed to provide requested verification.

For the reasons stated in Burke Physical Therapy, P.C., as Assignee of Brown, Wildex v State Farm Mut. Auto. Ins. Co. (––– Misc 3d ––––, 2025 NY Slip Op –––– [appeal No. 2023-1091 K C], decided herewith), the order, insofar as appealed from, is affirmed.

BUGGS, J.P. and QUIÑONES, JJ., concur. OTTLEY, J., taking no part.

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