NASRINPAY v. NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA (2022)

Supreme Court, Appellate Term, New York,

John A. NASRINPAY 2, as Assignee of Nelson-Lutchman, Cymone, Appellant, v. NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA, Respondent.

2021-792 K C

Decided: November 18, 2022

PRESENT: THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, WAVNY TOUSSAINT, JJ.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Hollander Legal Group, P.C. (Allan S. Hollander and Christopher Volpe 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, defendant moved for summary judgment dismissing the complaint on the ground that plaintiff had failed to provide requested verification. Plaintiff opposed the motion and cross-moved for summary judgment. By order dated December 2, 2021, the Civil Court granted defendant's motion and denied plaintiff's cross motion.

For the reasons stated in Remedy Chiropractic, P.C. v Nationwide Ins. (76 Misc 3d 135[A], 2022 NY Slip Op 50935[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]), the order is affirmed.

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

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