Adelaida Physical Therapy, P.C. v Ameriprise Auto & Home (2016 NY Slip Op 51539(U))

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Adelaida Physical Therapy, P.C. v Ameriprise Auto & Home

2016 NY Slip Op 51539(U) [53 Misc 3d 142(A)]

Decided on October 11, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 11, 2016

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2014-531 Q C

Adelaida Physical Therapy, P.C., as Assignee of Frederick Guidson, Appellant,

against

Ameriprise Auto & Home, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered February 6, 2014. 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, 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 Adelaida Physical Therapy, P.C., as Assignee of Frederick Guidson v Ameriprise Auto & Home (___ Misc 3d ___, 2016 NY Slip Op ____ [appeal No. 2014-535 Q C], decided herewith), the order is affirmed.

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

Decision Date: October 11, 2016