PAVLOVA v. AMERICAN TRANSIT INS CO (2019)

Supreme Court, Appellate Term, New York.

Ksenia PAVLOVA, D.O., as Assignee of Cazeau, Rene, Appellant, v. AMERICAN TRANSIT INS. CO., Respondent.

2017-1518 K C

Decided: November 29, 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. Law Office of Daniel J. Tucker (Joshua M. Goldberg of counsel), for respondent.

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment, and defendant cross-moved for summary judgment dismissing the complaint or, in the alternative, to hold the action in abeyance pending an application to the Workers' Compensation Board to determine the parties' rights under the Workers' Compensation Law based upon plaintiff's assignor's alleged eligibility for workers' compensation benefits. By order entered April 7, 2017, the Civil Court granted the branch of defendant's cross motion seeking to hold the action in abeyance. Plaintiff appeals.

For the reasons stated in Quality Health Prod., Inc., as Assignee of Jean Louis v American Tr. Ins. Co. ( ––– Misc 3d ––––, 2019 NY Slip Op –––– [appeal No. 2017-2139 K C], decided herewith), the order is affirmed.

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

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