| Compas v Citiwide Auto Leasing |
| 2017 NY Slip Op 51024(U) [56 Misc 3d 137(A)] |
| Decided on August 11, 2017 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Nightingale Law, P.C. (Michael S. Nightingale, Esq.), for respondent.
Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered June 23, 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, defendant moved for summary judgment dismissing the complaint on the ground that defendant had timely and properly denied the claims based upon a late notice of the accident and a late submission of a claim form (see 11 NYCRR 65-2.4 [b], [c]). Plaintiff appeals from an order of the Civil Court which granted defendant's motion.
For the reasons stated in Omphil Care, Inc., as Assignee of Joseph, Johanne v Citiwide Auto Leasing (___ Misc 3d ____, 2017 NY Slip Op ______ [appeal No. 2014-1109 K C], decided herewith), the order is affirmed.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.