ACTIVE CARE MEDICAL SUPPLY CORP v. AMERICAN TRANSIT INS CO (2018)

Supreme Court, Appellate Term, New York.

ACTIVE CARE MEDICAL SUPPLY CORP., as Assignee of Thompson Justin, Appellant, v. AMERICAN TRANSIT INS. CO., Respondent.

2015–2280 K C

Decided: June 01, 2018

PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Daniel J. Tucker, Esq. (Daniel J. Tucker and Netanel BenChaim of counsel), for respondent.

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

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint.

For the reasons stated in Active Care Med. Supply Corp., as Assignee of Munoz, Lina M. v. American Tr. Ins. Co. ( ––– Misc 3d ––––, 2018 NY Slip Op –––– [appeal No. 2015–2178 K C], decided herewith), the order is affirmed.

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

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