ENJOY REHAB v. 21ST CENTURY INSURANCE COMPANY (2020)

Supreme Court, Appellate Term, New York.

ENJOY REHAB, P.T., P.C., as Assignee of Dejean, Ludmilla, Respondent, v. 21ST CENTURY INSURANCE COMPANY, Appellant.

2019-370 K C

Decided: July 10, 2020

PRESENT: THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, DAVID ELLIOT, JJ.

Law Offices of Buratti, Rothenberg & Burns (Bryan M. Rothenberg of counsel), for appellant. The Rybak Firm, PLLC (Oleg Rybak, Esq.), for respondent (no brief filed).

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant's motion for summary judgment dismissing 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 entered October 15, 2018 as denied defendant's motion, which had sought summary judgment dismissing the complaint on the ground that, pursuant to a declaratory judgment entered in the Supreme Court, New York County, defendant had no duty to provide coverage for the accident at issue in this case.

For the reasons stated in St. Mark's Med. Health Care, PLLC as Assignee of Dejean, Ludmilla v. 21st Century Ins. Co. (––– Misc 3d ––––, 2020 NY Slip Op –––– [appeal No. 2019-361 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

ALIOTTA, P.J., WESTON and ELLIOT, JJ., concur.

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