METRO PAIN SPECIALIST v. STATE FARM MUTUAL AUTOMOBILE INS CO PIP BI CLAIMS (2020)

Supreme Court, Appellate Term, New York,

METRO PAIN SPECIALIST, P.C., as Assignee of Vasquez, Felix, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INS. CO. PIP/BI CLAIMS, Respondent.

2019-129 K C

Decided: November 13, 2020

PRESENT: : THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, BERNICE D. SIEGAL, JJ

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. De Martini & Yi, LLP (Bryan Visnius 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 which granted defendant's motion for summary judgment dismissing the complaint on the ground that the amount of available coverage had been exhausted and denied plaintiff's cross motion for summary judgment.

Contrary to plaintiff's contention as to defendant's motion, defendant's payment log was properly considered by the court (see e.g. Performance Plus Med., P.C. v MVAIC, 55 Misc 3d 151[A], 2017 NY Slip Op 50761[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017] ).

Accordingly, the order is affirmed.

ALIOTTA, P.J., ELLIOT and SIEGAL, JJ., concur.

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