LIDA MEDICAL SUPPLY INC v. GLOBAL LIBERTY INSURANCE (2019)

Supreme Court, Appellate Term, New York.

LIDA'S MEDICAL SUPPLY, INC., as Assignee of Ruth Seleamy, Respondent, v. GLOBAL LIBERTY INSURANCE, Appellant.

2017-2392 K C

Decided: October 18, 2019

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ.

Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum of counsel), for appellant. Law Office of Marina Josovich, P.C. (Marina Josovich of counsel), for respondent.

ORDERED that the judgment is reversed, with $30 costs, so much of the order entered May 10, 2017 as granted plaintiff's motion for summary judgment is vacated and plaintiff's motion for summary judgment is denied.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. By order entered May 10, 2017, the Civil Court, insofar as is relevant, granted plaintiff's motion. This appeal by defendant ensued. A judgment was subsequently entered on December 12, 2017, from which the appeal is deemed to have been taken (see CPLR 5501 [c]).

For the reasons stated in Lida's Med. Supply, Inc., as Assignee of Johan Gaston v. Global Liberty Ins. (_ Misc 3d _, 2019 NY Slip Op. _ [appeal No. 2017-2381 K C], decided herewith), the judgment is reversed, so much of the order entered May 10, 2017 as granted plaintiff's motion for summary judgment is vacated and plaintiff's motion for summary judgment is denied.

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

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