Advantage Radiology, P.C. v Nationwide Mut. Ins. Co.

[*1] Advantage Radiology, P.C. v Nationwide Mut. Ins. Co. 2017 NY Slip Op 50268(U) Decided on February 15, 2017 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 15, 2017
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : MARANO, P.J., GARGUILO and BRANDS, JJ.
2015-2361 S C

Advantage Radiology, P.C., as Assignee of REBECCA NAHUM, Appellant,

against

Nationwide Mutual Insurance Company, Respondent.

Appeal from an order of the District Court of Suffolk County, Third District

(C. Stephen Hackeling, J.), dated September 16, 2015. The order granted defendant's motion for summary judgment dismissing the complaint.

ORDERED that 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 District Court which granted defendant's motion for

summary judgment dismissing the complaint on the ground that plaintiff had failed to provide requested verification.

For the reasons stated in Advantage Radiology P.C., as Assignee of Sofia Dana v Nationwide Mut. Ins. Co. (___ Misc 3d ___, 2017 NY Slip Op ____ [appeal No. 2015-2123 S C], decided herewith), the order is affirmed.

Marano, P.J., Garguilo and Brands, JJ., concur.

Decision Date: February 15, 2017