RENELIQUE v. AMERICAN INDEPENDENT INS CO (2019)

Supreme Court, Appellate Term, New York.

Pierre J. RENELIQUE, M.D., P.C., as Assignee of Darwin, Ihuoma G., Appellant, v. AMERICAN INDEPENDENT INS. CO., Respondent.

2018-451 K C

Decided: October 25, 2019

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

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

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals, as limited by the brief, from so much of an order of the Civil Court as granted defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (8).

For the reasons stated in Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v American Ind. Ins. Co. (––– Misc 3d ––––, 2019 NY Slip Op –––– [appeal No. 2017-2405 K C], decided herewith), the order, insofar as appealed from, is affirmed.

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

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