SURE WAY NY INC v. TRAVELERS INSURANCE COMPANY (2019)

Supreme Court, Appellate Term, New York.

SURE WAY NY, INC., as Assignee of Fagan, Esther, Respondent, v. TRAVELERS INSURANCE COMPANY, Appellant.

2016-2079 K C

Decided: April 15, 2019

PRESENT: MICHAEL L. PESCE, P.J., MICHELLE WESTON, BERNICE D. SIEGAL, JJ

The Rybak Firm, PLLC (Duane Frankson of counsel), for appellant. Law Offices of Aloy O. Ibuzor (Damin J. Toell and Karina Barska of counsel), for respondent.

ORDERED that the order is reversed, without 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 appeals from an order of the Civil Court which denied defendant's motion for summary judgment dismissing the complaint.

For the reasons stated in Sure Way, Inc., as Assignee of Dixin, Marla v. Travelers Ins. Co. (––– Misc 3d ––––, 2019 NY Slip Op –––– [appeal No. 2017-9 K C], decided herewith), the order is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

The decision and order of this court dated July 13, 2018 (60 Misc 3d 139[A], 2018 NY Slip Op 51130[U] ) is hereby recalled and vacated (see motion decided simultaneously herewith).

PESCE, P.J., WESTON and SIEGAL, JJ., concur.

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