| Bell Air Med. Supply, LLC v MVAIC |
| 2022 NY Slip Op 51233(U) [77 Misc 3d 131(A)] |
| Decided on November 18, 2022 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Gary Tsirelman, P.C. (Stefan Belinfanti of counsel), for appellant. Marshall & Marshall, PLLC (Frank D'Esposito and Jeffrey Kadushin of counsel), for respondent.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Lisa Ottley, J.), entered September 22, 2017. The judgment, after a nonjury trial, dismissed the complaint.
ORDERED that the judgment is affirmed, with $25 costs.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from a judgment of the Civil Court, after a nonjury trial, dismissing the complaint.
Plaintiff, as assignee, was required to exhaust its remedies against all potential insurance carriers before seeking relief from defendant (see Hauswirth v American Home Assur. Co., 244 AD2d 528 [1997]; Arguelles, M.D., P.C. v Motor Veh. Acc. Indem. Corp., 64 Misc 3d 136[A], 2019 NY Slip Op 51156[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]; Promed Durable Equip., Inc. v MVAIC, 64 Misc 3d 136[A], 2019 NY Slip Op 51152[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]). Here, plaintiff did not demonstrate that it had done so. Consequently, the Civil Court properly dismissed the complaint (see Arguelles, M.D., P.C., 2019 [*2]NY Slip Op 51156[U]).
Accordingly, the judgment is affirmed.
WESTON, J.P., TOUSSAINT and BUGGS, JJ., concur.
ENTER: