SUMMER v. MVAIC (2026)

Supreme Court, Appellate Term, New York,

SUMMER P.T., P.C., as Assignee of Campbell, Tiara, Respondent, v. MVAIC, Appellant.

2025-985 K C

Decided: February 13, 2026

PRESENT: WAVNY TOUSSAINT, P.J., MARINA CORA MUNDY, LISA S. OTTLEY, JJ.

Marshall & Marshall, PLLC (Angelique Evangelista and Frank D'Esposito of counsel), for appellant. The Rybak Firm, PLLC (Richard F. Rozhik of counsel), for respondent.

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 (Sandra E. Roper, J.) which denied MVAIC's motion for summary judgment dismissing the complaint.

For the reasons stated in Harmonized Acupuncture, as Assignee of Hopkins, Jadiah v MVAIC (––– Misc 3d ––––, 2026 NY Slip Op –––– [appeal No. 2025-984 K C], decided herewith), the order is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

TOUSSAINT, P.J., MUNDY and OTTLEY, JJ., concur.

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