ISLAND LIFE CHIROPRACTIC PAIN CARE PLLC v. NATIONWIDE INS (2020)

Supreme Court, Appellate Term, New York.

ISLAND LIFE CHIROPRACTIC PAIN CARE, PLLC, as Assignee of Pollen, Faith, Appellant, v. NATIONWIDE INS., Respondent.

2018-2043 K C

Decided: November 13, 2020

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

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Hollander Legal Group , P.C. (Allan S. Hollander 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, 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.

All of plaintiff's arguments as to why defendant's motion for summary judgment should have been denied are not properly before this court, since they are being raised for the first time on appeal, and we decline to consider them (see Joe v Upper Room Ministries, Inc., 88 AD3d 963 [2011]; Gulf Ins. Co. v Kanen, 13 AD3d 579 [2004]).

Accordingly, the order is affirmed.

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

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