Art of Healing Med., P.C. v. Allstate Ins. Co.

Full title: Art of Healing Medicine, P.C., as Assignee of JAMES DORSAINVIL, Appellant…

Court: SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

Date published: Nov 17, 2016

2016 N.Y. Slip Op. 51684 (N.Y. App. Term 2016)

2016 N.Y. Slip Op. 51685

50 N.Y.S.3d 24

Opinion

2015-604 Q C

11-17-2016

Art of Healing Medicine, P.C., as Assignee of JAMES DORSAINVIL, Appellant, v. Allstate Insurance Company, Respondent.

WESTON, J.P., ALIOTTA and ELLIOT, JJ.

PRESENT: :

Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered February 10, 2015. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order is modified by providing that defendant's cross 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 denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

For the reasons stated in Art of Healing Medicine, P.C., as Assignee of James Dorsainvil v Allstate Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op ___ [appeal No. 2014-2501 Q C], decided herewith), the order is modified by providing that defendant's cross motion for summary judgment dismissing the complaint is denied.

Weston, J.P., Aliotta and Elliot, JJ., concur. Decision Date: November 17, 2016