LR PLLC v. Nationwide Insurance Company, Respondent. (2024)

Supreme Court, Appellate Term, New York.

LR Medical, PLLC, as Assignee of Gardner-Bowlyn, Janet, Appellant, v. Nationwide Insurance Company, Respondent.

2023-656 K C

Decided: February 16, 2024

PRESENT: : CHEREÉ A. BUGGS, J.P., LISA S. OTTLEY, PHILLIP HOM, JJ

ORDERED that the order is modified by providing that defendant's motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court granting defendant's motion for summary judgment dismissing the complaint on the ground that the policy limits had been exhausted, and denying plaintiff's cross-motion for summary judgment.

For the reasons stated in JSJ Anesthesia Pain Mgt., PLLC, as Assignee of Gardner-Bowlyn, Janet v Nationwide Ins. Co. (— Misc 3d —, 2024 NY Slip Op _____ [appeal No. 2023-655 K C], decided herewith), the order is modified by providing that defendant's motion for summary judgment dismissing the complaint is denied.

BUGGS, J.P., OTTLEY and HOM, JJ., concur.

ENTER:

Paul Kenny

Chief Clerk

Decision Date: February 16, 2024

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