LVOV ACUPUNCTURE v. NATIONWIDE INS CO (2020)

Supreme Court, Appellate Term, New York.

LVOV ACUPUNCTURE, P.C., as Assignee of Ozhan Tastaban, Appellant, v. NATIONWIDE INS. CO., Respondent.

2019-373 K C

Decided: November 06, 2020

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

Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Law Office of Kevin J. Philbin (Lawrence Wolkow 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, the Civil Court granted defendant's motion for summary judgment dismissing the complaint on the ground that defendant had fully paid plaintiff for the services at issue.

For the reasons stated in LVOV Acupuncture, P.C., as Assignee of Ozhan Tastaban v. Nationwide Ins. Co. (––– Misc 3d ––––, 2020 NY Slip Op –––– [appeal No. 2018-2277 K C], decided herewith), the order is affirmed.

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

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