DABIRI v. ALLSTATE INSURANCE COMPANY (2019)

Supreme Court, Appellate Term, New York.

Luqman DABIRI, M.D., as Assignee of Abner Vital, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

2017-1961 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. Abrams, Cohen & Associates, P.C. (Frank Piccininni 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's motion for summary judgment dismissing the complaint on the ground that the insured vehicle had not been involved in the alleged accident in question, and denied plaintiff's cross motion for summary judgment.

For the reasons stated in Parisien, as Assignee of Vital Abner v. Allstate Ins. Co. (––– Misc 3d ––––, 2019 NY Slip Op –––– [appeal No. 2017-445 K C], decided herewith), the order is affirmed.

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

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