ACTIVE CARE MEDICAL SUPPLY CORP v. MVAIC (2019)

Supreme Court, Appellate Term, New York.

ACTIVE CARE MEDICAL SUPPLY CORP., as Assignee of Freeman, Richard, Respondent, v. MVAIC, Appellant.

2017-2091 K C

Decided: August 02, 2019

PRESENT: MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ

Marshall & Marshall, PLLC (Barbara Carabell of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.

ORDERED that the order, insofar as appealed from, is reversed, with $30 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 Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) appeals from so much of an order of the Civil Court as denied defendant's motion for summary judgment dismissing the complaint.

For the reasons stated in Compas, as Assignee of Vital, Joseph Emmanuel v MVAIC (––– Misc 3d ––––, 2019 NY Slip Op –––– [appeal No. 2017-387 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

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

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