KALITENKO v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY (2026)

Supreme Court, Appellate Term, New York,

Sergey KALITENKO, M.D., as Assignee of Wascar Gomez-Hernandez, Appellant, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Respondent.

2024-876 RI C

Decided: January 16, 2026

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

Kopelevich & Feldsherova, P.C. (Galina Feldsherova of counsel), for appellant. Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for respondent.

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court (Robert J. Helbock, J.) dated August 15, 2024 granting defendant's motion for summary judgment dismissing the complaint.

For the reasons stated in Kalitenko, as Assignee of Wascar Gomez-Hernandez v. Nationwide Mut. Fire Ins. Co. (––– Misc 3d ––––, 2026 NY Slip Op –––– [appeal No. 2024-874 RI C], decided herewith), the order is affirmed.

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

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