BELL AIR MEDICAL SUPPLY LLC v. MVAIC (2022)

Supreme Court, Appellate Term, New York,

BELL AIR MEDICAL SUPPLY, LLC, as Assignee of Tiffany Waddell, Denise Waddell and Abuoadan Jafar, Appellant, v. MVAIC, Respondent.

2020-426 K C

Decided: November 18, 2022

PRESENT: MICHELLE WESTON, J.P., WAVNY TOUSSAINT, CHEREÉ A. BUGGS, JJ.

Gary Tsirelman, P.C. (Stefan Belinfanti of counsel), for appellant. Marshall & Marshall, PLLC (Frank D'Esposito and Jeffrey Kadushin of counsel), for respondent.

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

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from a judgment of the Civil Court, after a nonjury trial, dismissing the complaint.

Plaintiff, as assignee, was required to exhaust its remedies against all potential insurance carriers before seeking relief from defendant (see Hauswirth v American Home Assur. Co., 244 AD2d 528 [1997]; Arguelles, M.D., P.C. v Motor Veh. Acc. Indem. Corp., 64 Misc 3d 136[A], 2019 NY Slip Op 51156[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]; Promed Durable Equip., Inc. v MVAIC, 64 Misc 3d 136[A], 2019 NY Slip Op 51152[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]). Here, plaintiff did not demonstrate that it had done so. Consequently, the Civil Court properly dismissed the complaint (see Arguelles, M.D., P.C., 2019 NY Slip Op 51156[U]).

Accordingly, the judgment is affirmed.

WESTON, J.P., TOUSSAINT and BUGGS, JJ., concur.

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