GAO v. MVAIC (2025)

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 Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) appeals, as limited by the brief, from so much of an order of the Civil Court (Delsia G. Marshall, J.) entered July 12, 2024 as denied defendant's motion for summary judgment dismissing the complaint.

For the reasons stated in Gao Acupuncture, P.C., as Assignee of Dyer, Karen v MVAIC (___ Misc 3d ___, 2025 NY Slip Op _____ [appeal No. 2024-501 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

BUGGS and OTTLEY, JJ., concur.

TOUSSAINT, P.J., taking no part.

ENTER:

Paul Kenny

Chief Clerk

Decision Date: July 18, 2025