SCHOTTENSTEIN PAIN NEURO PLLC v. TRAVELERS INDEMNITY COMPANY OF CONNECTICUT (2021)

Supreme Court, Appellate Term, New York,

SCHOTTENSTEIN PAIN & NEURO, PLLC, as Assignee of Zheng Hua, Respondent, v. TRAVELERS INDEMNITY COMPANY OF CONNECTICUT, Appellant.

2019-883 K C

Decided: February 26, 2021

PRESENT: THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, WAVNY TOUSSAINT, JJ.

Law Office of Tina Newsome-Lee (Michael J. Rivers of counsel), for appellant. Law Offices of Ilona Finkelshteyn, P.C., for respondent (no brief filed).

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

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court entered March 11, 2019 which, applying New York law, granted plaintiff's motion for summary judgment and denied defendant's cross motion for summary judgment dismissing the complaint. The order states, in part, that “the injured party is a New York resident, who obtained treatment, which is the basis of the instant action, from medical providers in New York. The only connection of the instant matter to New Jersey is the location of the incident.” Defendant's sole appellate contention is that the Civil Court should have found that the law of New Jersey controlled.

For the reasons stated in Schottenstein Pain & Neuro, PLLC v Travelers Ins. Co. (70 Misc 3d 131[A], 2020 NY Slip Op 51549[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020]), the order is affirmed.

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

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