WAVE MEDICAL SERVICES v. METLIFE AUTO HOME (2020)

Supreme Court, Appellate Term, New York.

WAVE MEDICAL SERVICES, P.C., as Assignee of Daley, Leighton, Respondent-Appellant, v. METLIFE AUTO & HOME, Appellant-Respondent.

2018-1357 K C

Decided: November 06, 2020

PRESENT: THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, BERNICE D. SIEGAL, JJ.

Bruno, Gerbino, Soriano & Aitken, LLP (Nathan M. Shapiro, Esq.), for appellant-respondent. The Rybak Firm, PLLC (Damin J. Toell, Esq.), for respondent-appellant.

ORDERED that the cross appeal is dismissed as abandoned; and it is further,

ORDERED that the order, insofar as reviewed, 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 as denied defendant's motion which had sought summary judgment dismissing the complaint on the ground that defendant had never received the claims at issue.

For the reasons stated in Wave Med. Servs., P.C., as Assignee of Marceus, Josue v. Metlife Auto & Home (––– Misc 3d ––––, 2020 NY Slip Op –––– [appeal No. 2018-1355 K C], decided herewith), the order, insofar as reviewed, is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

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

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