King'S Med. Supply v Allstate Ins. Co. (2003 NY Slip Op 51680(U))

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King's Med. Supply v Allstate Ins. Co.

2003 NY Slip Op 51680(U)

Decided on December 22, 2003

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This opinion is uncorrected and will not be published in the Official Reports.

Decided on December 22, 2003

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:DOYLE, P.J., WINICK and SKELOS, JJ.
NO. 2003-49 S C

KING'S MEDICAL SUPPLY a/a/o Alberto Rodriguez, Jr., Appellant, -

against

ALLSTATE INSURANCE COMPANY, Respondent.

Appeal by plaintiff from an order of the District Court, Suffolk County (H. Bergson, J.), entered October 23, 2002, denying its motion for summary judgment.

Order unanimously reversed without costs, plaintiff's motion for summary judgment granted, and matter remanded to the court below for the calculation of statutory interest and an assessment of attorney's fees.

In this action to recover assigned first-party no-fault insurance benefits, defendant insurer objected to plaintiffs claim for medical equipment on the ground that the supplier's prices exceeded the prevailing rates for such equipment in its "geographic location" (cf. 11 NYCRR 68.5 [b], Reg. No. 83). As defendant preserved no other proper defense to the action, plaintiff's motion for summary judgment should have been granted for the reasons set forth in King's Med. Supply Inc. v Allstate Ins. Co., (No. 2003-50 S C [decided herewith]).
Decision Date: December 22, 2003