Liberty Chiropractic, P.C. v Maya Assur. Co.

[*1] Liberty Chiropractic, P.C. v Maya Assur. Co. 2016 NY Slip Op 51531(U) Decided on October 13, 2016 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 13, 2016
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2014-416 Q C

Liberty Chiropractic, P.C., as Assignee of ABUBAKARR JALLOH, Appellant,

against

Maya Assurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered January 30, 2014. The order granted defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is denied.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint.

For the reasons stated in Harvard Med., P.C., as Assignee of Abubakarr Jalloh v Maya Assur. Co. (___ Misc 3d ___, 2016 NY Slip Op ___ [appeal No. 2014-335 Q C], decided herewith), the order is reversed and defendant's motion for summary judgment dismissing the complaint is denied.

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

Decision Date: October 13, 2016