LVOV Acupuncture, P.C. v Nationwide Ins. Co.

[*1] LVOV Acupuncture, P.C. v Nationwide Ins. Co. 2020 NY Slip Op 51343(U) Decided on November 6, 2020 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 6, 2020
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, BERNICE D. SIEGAL, JJ
2019-373 K C

LVOV Acupuncture, P.C., as Assignee of Ozhan Tastaban, Appellant,

against

Nationwide Ins. Co., Respondent.

Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Law Office of Kevin J. Philbin (Lawrence Wolkow of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Michael Gerstein, J.), entered December 13, 2018. The order granted 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, the Civil Court granted defendant's motion for summary judgment dismissing the complaint on the ground that defendant had fully paid plaintiff for the services at issue.

For the reasons stated in LVOV Acupuncture, P.C., as Assignee of Ozhan Tastaban v Nationwide Ins. Co. (___ Misc 3d ___, 2020 NY Slip Op _____ [appeal No. 2018-2277 K C], decided herewith), the order is affirmed.

ALIOTTA, P.J., ELLIOT and SIEGAL, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 6, 2020