PFJ Med. Care, P.C. v Hereford Ins. Co.

[*1] PFJ Med. Care, P.C. v Hereford Ins. Co. 2021 NY Slip Op 50637(U) Decided on July 2, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 2, 2021
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ
2019-75 K C

PFJ Medical Care, P.C., as Assignee of Chaudry, Figaro, Respondent,

against

Hereford Insurance Co., Appellant.

Goldberg Miller & Rubin, P.C. (Timothy Bishop of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Sharon Bourne-Clarke, J.), entered November 8, 2018, deemed from a judgment of that court entered December 18, 2018 (see CPLR 5501 [c]). The judgment, entered pursuant to the November 8, 2018 order denying defendant's motion for summary judgment dismissing the complaint and granting plaintiff's cross motion for summary judgment, awarded plaintiff the principal sum of $469.45.

ORDERED that the judgment is reversed, with $30 costs, the order entered November 8, 2018 is vacated, defendant's motion for summary judgment dismissing the complaint is granted and plaintiff's cross motion for summary judgment is denied.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court denying defendant's motion which had sought summary judgment dismissing the complaint on the ground that there was no coverage for no-fault benefits as defendant had not issued an automobile insurance policy which would cover the underlying accident, and granting plaintiff's cross motion for summary judgment. A judgment was subsequently entered on December 18, 2018, from which the appeal is deemed to have been taken (see CPLR 5501 [c]).

For the reasons stated in Gentlecare Ambulatory Anesthesia Servs.; Lyonel F. Paul M.D. v Hereford Ins. Co. (69 Misc 3d 144[A], 2020 NY Slip Op 51379[U] [App Term, 2d Dept, 2d, [*2]11th & 13th Jud Dists 2020]), the judgment is reversed, the order entered November 8, 2018 is vacated, defendant's motion for summary judgment dismissing the complaint is granted and plaintiff's cross motion for summary judgment is denied.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: July 2, 2021