GBI Acupuncture, P.C. v Geico Ins. Co.

[*1] GBI Acupuncture, P.C. v Geico Ins. Co. 2015 NY Slip Op 51882(U) Decided on December 14, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 14, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : ALIOTTA, J.P., PESCE and SOLOMON, JJ.
2014-1321 Q C

GBI Acupuncture, P.C. as Assignee of Murrain Cook, Terrence G., Appellant,

against

Geico Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Sally E. Unger, J.), dated May 1, 2014. 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.

Plaintiff's assignor was injured in a motor vehicle accident while riding in a vehicle which was insured by a New Jersey automobile insurance policy issued by defendant. Thereafter, plaintiff commenced this action to recover, among other things, assigned first-party no-fault benefits for the services it had rendered to its assignor, alleging that its claims were unpaid. Plaintiff moved for summary judgment, and defendant cross-moved for summary judgment dismissing the complaint. In support of its cross motion, defendant argued, among other things, that New Jersey law controlled; that New Jersey law and the insurance policy in question require that the matter be submitted to arbitration; and that this "suit is not properly before this court as it has no jurisdiction, and must dismiss the case." Defendant did not move to compel arbitration. The Civil Court denied plaintiff's motion and granted defendant's cross motion.

For the reasons stated in Natural Therapy Acupuncture, P.C. as Assignee of Leila Milfort v Geico Ins. Co. (____ Misc 3d ____, 2015 NY Slip Op _____ [appeal No. 2014-1315 Q C], decided herewith), the order is modified by providing that defendant's cross motion for summary judgment dismissing the complaint is denied.

Aliotta, J.P., Pesce and Solomon, JJ., concur.

Decision Date: December 14, 2015