ABC PHYSICAL THERAPY v. GEICO INS CO (2020)

Supreme Court, Appellate Term, New York.

ABC PHYSICAL THERAPY, P.C., as Assignee of Devalsaint, Chantale, Appellant, v. GEICO INS. CO., Respondent.

2018-2105 K C

Decided: November 06, 2020

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

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Rivkin Radler, LLP (Stuart M. Bodoff of counsel), for respondent.

ORDERED that the order is modified by providing that the branch of defendant's motion seeking summary judgment dismissing the first cause of action is denied; as so modified, the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.

For the reasons stated in NL Quality Med., P.C., as Assignee of Munno, Daniel v. GEICO Ins. Co. (––– Misc 3d ––––, 2020 NY Slip Op –––– [appeal No. 2018-2283 K C], decided herewith), the order is modified by providing that the branch of defendant's motion seeking summary judgment dismissing the first cause of action is denied.

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

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