| Compas Med., P.C. v Infinity Group |
| 2015 NY Slip Op 50220(U) [46 Misc 3d 146(A)] |
| Decided on February 24, 2015 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Kings County (Genine D. Edwards, J.), entered June 5, 2013. 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, defendant moved for summary judgment dismissing the complaint, arguing that a conflict-of-law analysis required the application of Pennsylvania law, pursuant to which there was a lack of coverage due to the rescission of the automobile insurance policy in question. By order entered June 5, 2013, from which plaintiff appeals, the Civil Court granted defendant's motion, finding that defendant had established that the underlying Pennsylvania insurance policy had been properly rescinded ab initio, pursuant to Pennsylvania law, and that there was therefore no coverage available to plaintiff's assignor.
For the reasons stated in Compas Med., P.C. v Infinity Group (___ Misc 3d _____, 2015 NY Slip Op _______ [appeal No. 2013-1483 K C], decided herewith), the order is affirmed.
Pesce, P.J., Weston and Aliotta, JJ., concur.