COMPAS MEDICAL v. CITIWIDE AUTO LEASING (2018)

Supreme Court, Appellate Term, New York.

COMPAS MEDICAL, P.C., as Assignee of Nelson Cory, Appellant, v. CITIWIDE AUTO LEASING, Respondent.

2016-753 K C

Decided: November 09, 2018

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

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Palmieri, Castiglione & Nightingale (Michael S. Nightingale 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 on the ground that the claims at issue had been untimely submitted (see 11 NYCRR 65-1.1).

For the reasons stated in Greenway Med. Supply Corp., as Assignee of Acosta Hector v. Citiwide Auto Leasing ( ––– Misc 3d ––––, 2018 NY Slip Op –––– [appeal No. 2016-741 K C], decided herewith), the order is affirmed.

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

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