BLACKMAN v. ALLSTATE INSURANCE COMPANY (2019)

Supreme Court, Appellate Term, New York.

Noel E. BLACKMAN, M.D., as Assignee of Levent, Emek, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

2016-2999 K C

Decided: May 10, 2019

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

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Peter C. Merani, P.C. (Eric M. Wahrburg of counsel), for respondent.

ORDERED that the order is modified by providing that defendant's cross motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without 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.

For the reasons stated in Metro Psychological Servs., P.C., as Assignee of Adams Kenneth v. Allstate Ins. Co. (––– Misc. 3d ––––, 2019 N.Y. Slip Op. –––– [appeal No. 2016-2907 K C], decided herewith), the order is modified by providing that defendant's cross motion for summary judgment dismissing the complaint is denied.

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

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