PARISIEN v. OMNI INDEMNITY COMPANY (2019)

Supreme Court, Appellate Term, New York.

Jules Francois PARISIEN, M.D., as Assignee of Darwin, Ihuoma G., Respondent, v. OMNI INDEMNITY COMPANY, Appellant.

2018-496 K C

Decided: October 11, 2019

PRESENT: MICHAEL L. PESCE, P.J., MICHELLE WESTON, DAVID ELLIOT, JJ

Freiberg, Peck & Kang, LLP (Yilo J. Kang of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell and Karina Barska of counsel), for respondent.

ORDERED that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for the entry of a judgment in favor of defendant dismissing the complaint.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from a judgment which, after a nonjury trial, awarded plaintiff the principal sum of $969.53.

For the reasons stated in Maria S. Masigla, P.T. v. Omni Indem. Co. (64 Misc 3d 147[A], 2019 NY Slip Op 51362[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019] ), the judgment is reversed and the matter is remitted to the Civil Court for the entry of a judgment in favor of defendant dismissing the complaint.

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

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network