CHARLES DENG ACUPUNCTURE v. ZURICH AMERICAN INSURANCE COMPANY (2018)

Supreme Court, Appellate Term, New York.

CHARLES DENG ACUPUNCTURE, P.C., as Assignee of Balde, Binta, Appellant, v. ZURICH AMERICAN INSURANCE COMPANY, Respondent.

2016-486 Q C

Decided: November 02, 2018

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

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Miranda, Sambursky, Slone, Sklarin & Verveniotis, LLP (Neil L. Sambursky 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 denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint on the ground that defendant had not issued an insurance policy covering the loss in question.

Contrary to plaintiff's argument as to defendant's cross motion, the proof submitted by defendant was sufficient to demonstrate that it had not issued a policy covering the loss in question (see e.g. New Way Med. Supply Corp. v. Dollar Rent A Car, 49 Misc 3d 154[A], 2015 NY Slip Op 51794[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]; Delta Diagnostic Radiology, P.C. v. American Tr. Ins. Co., 44 Misc 3d 136[A], 2014 NY Slip Op 51240[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2014] ).

Accordingly, the order is affirmed.

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

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