RENELIQUE v. AMERICAN INDEPENDENT INS CO (2019)

Supreme Court, Appellate Term, New York.

Pierre J. RENELIQUE, M.D., P.C., as Assignee of Jean, Chery, Respondent, v. AMERICAN INDEPENDENT INS. CO., Appellant.

2017-2412 K C

Decided: October 25, 2019

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

Freiberg, Peck & Kang, LLP (Yilo J. Kang 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 defendant's motion to dismiss the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court as denied 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 reversed and defendant's motion to dismiss the complaint is granted.

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

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