Jamaica Dedicated Med. Care. P.C. v Praetorian Ins. Co.
Annotate this CaseDecided on April 16, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-1436 K C
Jamaica Dedicated Medical Care. P.C. as Assignee of LALBACHAN SOOKLALL, Respondent,
against
Praetorian Ins. Co., Appellant.
Appeal from an order of the Civil Court of the City of New York, Kings County (Wavny Toussaint, J.), entered January 29, 2013. The order denied defendant's motion for summary judgment dismissing the complaint.
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 plaintiff's assignor, the insured, had fraudulently procured the insurance policy. Defendant appeals from an order entered January 24, 2013 which denied the motion.
For the reasons stated in Jamaica Dedicated Med. Care, P.C. as Assignee of Lalbachan Sooklall v Praetorian Ins. Co. ( Misc 3d , 2014 NY Slip Op [Appeal No. 2013-1345 K C], decided herewith), the order is affirmed.
Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: April 16, 2015
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