ACTIVE CARE MEDICAL SUPPLY CORP v. MVAIC (2019)

Supreme Court, Appellate Term, New York.

ACTIVE CARE MEDICAL SUPPLY CORP., as Assignee of Vasquez, Santiago, Appellant, v. MVAIC, Respondent.

2017-519 K C

Decided: August 02, 2019

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

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

ORDERED that the order is affirmed, with $25 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 granted defendant Motor Vehicle Accident Indemnification Corporation's (sued herein as MVAIC) motion for summary judgment dismissing the complaint.

For the reasons stated in Starlite Acupuncture, P.C., as Assignee of Torres, Yamil v. MVAIC (––– Misc 3d ––––, 2019 NY Slip Op –––– [appeal No. 2016-3006 K C], decided herewith), the order is affirmed.

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

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