JFL MEDICAL CARE v. ELRAC INC (2020)

Supreme Court, Appellate Term, New York.

JFL MEDICAL CARE, P.C., as Assignee of Hall, Janel J., Appellant, v. ELRAC, INC., Respondent.

2019-201 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. Scahill Law Group, P.C., for respondent (no brief filed).

ORDERED that the order is modified by providing that defendant's motion for summary judgment dismissing the complaint 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 Metro Pain Specialist, P.C., as Assignee of Brown, Antannette v. ELRAC, Inc. (––– Misc 3d ––––, 2020 NY Slip Op –––– [appeal No. 2019-197 K C], decided herewith), the order is modified by providing that defendant's motion for summary judgment dismissing the complaint is denied.

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

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