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.

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