SERGE CHIROPRACTIC SERVICES v. ALLSTATE INSURANCE CO (2019)

Supreme Court, Appellate Term, New York.

SERGE CHIROPRACTIC SERVICES, P.C., as Assignee of Peter Ransome, Appellant, v. ALLSTATE INSURANCE CO., Respondent.

2017-591 K C

Decided: May 10, 2019

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

Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Abrams, Cohen & Associates, P.C. (Frank Piccininni of counsel), for respondent.

ORDERED that the order is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is denied.

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.

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

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

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