ARGUELLES v. OMNI INDEMNITY COMPANY (2021)

Supreme Court, Appellate Term, New York,

ARGUELLES, M.D., P.C., as Assignee of Cassandra Morency, Respondent, v. OMNI INDEMNITY COMPANY, Appellant.

2018-1632 K C

Decided: July 02, 2021

PRESENT: THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ.

Freiberg, Peck & Kang, LLP (Yilo J. Kang of counsel), for appellant. The Rybak Firm, PLLC (Oleg Rybak, Esq.), for respondent (no brief filed).

ORDERED the order, insofar as appealed from, is reversed, with $30 costs, and defendant's motion to dismiss the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court as denied defendant's motion to dismiss the complaint.

For the reasons stated in Daily Med. Equip. Distrib. Ctr., Inc., as Assignee of Balderrna, David v American Ind. Ins. Co. (––– Misc 3d ––––, 2021 NY Slip Op –––– [appeal No. 2019-341 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant's motion to dismiss the complaint is granted.

We reach no other issue.

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

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