VINCENT MEDICAL SERVICES v. OMNI INDEMNITY COMPANY (2022)

Supreme Court, Appellate Term, New York,

VINCENT MEDICAL SERVICES, P.C., as Assignee of Marven Marcelus, Respondent, v. OMNI INDEMNITY COMPANY, Appellant.

2018-1470 K C

Decided: February 18, 2022

PRESENT: THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, DONNA-MARIE E. GOLIA, JJ.

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

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant's motion for summary judgment dismissing 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 which had sought summary judgment dismissing the complaint on the ground, among others, that the action was barred by the statute of limitations.

For the reasons stated in Vincent Med. Servs., P.C., as Assignee of Gederson Gedeon v Omni Indem. Co. (––– Misc 3d ––––, 2022 NY Slip Op –––– [appeal No. 2018-1277 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

ALIOTTA, P.J., and GOLIA, J., concur. ELLIOT, J., taking no part.

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