LVOV ACUPUNCTURE v. HEREFORD INSURANCE COMPANY (2018)

Supreme Court, Appellate Term, New York.

LVOV ACUPUNCTURE, P.C. and United Wellness Chiropractic, P.C., as Assignees of Nelson Shaquan, Appellants, v. HEREFORD INSURANCE COMPANY, Respondent.

2016-91 K C

Decided: November 09, 2018

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

Law Office of Melissa Betancourt, P.C. (Melissa Betancourt of counsel), for appellants. Law Office of Lawrence R. Miles (Thomas Wolf of counsel), for respondent.

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

In this action by providers to recover assigned first-party no-fault benefits, plaintiffs appeal from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint on the ground that the insured vehicle had not been involved in the alleged accident on February 13, 2013, and denied plaintiffs' cross motion for summary judgment.

For the reasons stated in Jamaica Wellness Med., P.C., as Assignee of Nelson Shaquan v. Hereford Ins. Co. ( ––– Misc 3d ––––, 2018 NY Slip Op –––– [appeal No. 2015-2655 K C], decided herewith), the order is affirmed.

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

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