ACTIVE CARE MEDICAL SUPPLY CORP v. AMERICAN TRANSIT INS CO (2019)

Supreme Court, Appellate Term, New York.

ACTIVE CARE MEDICAL SUPPLY CORP., as Assignee of Mendoza, Homero, Appellant, v. AMERICAN TRANSIT INS. CO., Respondent.

2016-2906 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. Law Office of Daniel J. Tucker, for respondent (no brief filed).

ORDERED that the order, insofar as appealed from, is affirmed, with $ 25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from so much of an order of the Civil Court as denied the branch of plaintiff's motion seeking summary judgment upon the first cause of action and granted the branch of defendant's cross motion seeking summary judgment dismissing that cause of action.

For the reasons stated in Active Care Med. Supply Corp., as Assignee of Wilson, Andrae v. American Tr. Ins. Co. (––– Misc 3d ––––, 2019 NY Slip Op. –––– [appeal No. 2016-2883 K C], decided herewith), the order, insofar as appealed from, is affirmed.

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

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