Opinion
2014–2267 Q C
12-15-2017
Maria S. MASIGLA, P.T., as Assignee of Robenson, Joseph, Appellant, v. OMNI INDEMNITY COMPANY, Respondent.
The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Freiberg, Peck & Kang, LLP (Yilo J. Kang, Esq.), for respondent.
The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant.
Freiberg, Peck & Kang, LLP (Yilo J. Kang, Esq.), for respondent.
PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ.
ORDERED that the order is affirmed, with $25 costs.
In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint on the ground that defendant had not issued the insurance policy in question and, thus, that plaintiff had sued the wrong insurer. Plaintiff opposed the motion. Plaintiff appeals from an order of the Civil Court which granted defendant's motion.
For the reasons stated in Tam Med. Supply Corp. v. Omni Indem. Co. (48 Misc 3d 142[A], 2015 NY Slip Op 51294[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015] ) and Great Health Care Chiropractic, P.C. v. Omni Indem. Co. (40 Misc 3d 139[A], 2013 NY Slip Op 51450[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2013] ), the order is affirmed.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.