NATURAL THERAPY ACUPUNCTURE v. GEICO INS CO (2019)

Supreme Court, Appellate Term, New York.

NATURAL THERAPY ACUPUNCTURE, P.C., as Assignee of Lively, Paul, Respondent, v. GEICO INS. CO., Appellant.

2017-876 K C

Decided: August 02, 2019

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

Law Office of Goldstein & Flecker (Lawrence J. Chanice 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 the branch of defendant's cross motion seeking summary judgment dismissing so much of the complaint as sought to recover upon the unpaid portion of plaintiff's claims is granted.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment and defendant cross-moved for summary judgment dismissing the complaint. By order entered December 15, 2016, insofar as appealed from as limited by the brief, the Civil Court denied the branch of defendant's cross motion seeking dismissal of so much of the complaint as sought to recover upon the unpaid portion of plaintiff's claims.

For the reasons stated in Natural Therapy Acupuncture, P.C., as Assignee of Boodoo, Anselm Kevin v. GEICO Ins. Co. (––– Misc 3d ––––, 2019 NY Slip Op –––– [appeal No. 2017-635 K C], decided herewith), the order, insofar as appealed from, is reversed and the branch of defendant's cross motion seeking summary judgment dismissing so much of the complaint as sought to recover upon the unpaid portion of plaintiff's claims is granted.

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

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