Schottenstein Pain & Neuro, PLLC v Travelers Indem. Co. of Conn.

[*1] Schottenstein Pain & Neuro, PLLC v Travelers Indem. Co. of Conn. 2021 NY Slip Op 50156(U) Decided on February 26, 2021 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 26, 2021
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, WAVNY TOUSSAINT, JJ
2019-883 K C

Schottenstein Pain & Neuro, PLLC, as Assignee of Zheng Hua, Respondent,

against

Travelers Indemnity Company of Connecticut, Appellant.

Law Office of Tina Newsome-Lee (Michael J. Rivers of counsel), for appellant. Law Offices of Ilona Finkelshteyn, P.C., for respondent (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Kings County (Odessa Kennedy, J.), entered March 11, 2019. The order granted plaintiff's motion for summary judgment and denied defendant's cross 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 appeals from an order of the Civil Court entered March 11, 2019 which, applying New York law, granted plaintiff's motion for summary judgment and denied defendant's cross motion for summary judgment dismissing the complaint. The order states, in part, that "the injured party is a New York resident, who obtained treatment, which is the basis of the instant action, from medical providers in New York. The only connection of the instant matter to New Jersey is the location of the incident." Defendant's sole appellate contention is that the Civil Court should have found that the law of New Jersey controlled.

For the reasons stated in Schottenstein Pain & Neuro, PLLC v Travelers Ins. Co. (70 Misc 3d 131[A], 2020 NY Slip Op 51549[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020]), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: February 26, 2021