ACTIVE CARE MEDICAL SUPPLY CORP v. MVAIC (2019)

Supreme Court, Appellate Term, New York.

ACTIVE CARE MEDICAL SUPPLY CORP., as Assignee of Rahymer, Corea, Respondent, v. MVAIC, Appellant.

2018-1351 K C

Decided: December 13, 2019

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

Marshall & Marshall, PLLC (Frank D'Esposito of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.

ORDERED that the judgment is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint on the ground that plaintiff had failed to provide requested verification. Plaintiff cross-moved for summary judgment. By order entered May 23, 2018, the Civil Court denied defendant's motion and granted plaintiff's cross motion. A judgment was subsequently entered on June 14, 2018, from which the appeal is deemed to have been taken (see CPLR 5501 [c]).

For the reasons set forth in Daily Med. Equip. Distrib. Ctr., Inc. v. MVAIC (53 Misc 3d 148[A], 2016 NY Slip Op 51622[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016] ), the judgment is affirmed.

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

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