| Grand Med. Supply Corp. v MVAIC |
| 2026 NY Slip Op 50214(U) [88 Misc 3d 130(A)] |
| Decided on February 13, 2026 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Marshall & Marshall, PLLC (Angelique Evangelista and Frank D'Esposito of counsel), for appellant.
The Rybak Firm, PLLC (Richard F. Rozhik of counsel), for respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Sandra E. Roper, J.), dated March 18, 2025. The order, insofar as appealed from and as limited by the brief, denied defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is granted.
In this action by a provider to recover assigned first-party no-fault benefits, defendant Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) appeals, as limited by the brief, from so much of an order of the Civil Court (Sandra E. Roper, J.) as denied MVAIC's motion for summary judgment dismissing the complaint.
For the reasons stated in Harmonized Acupuncture, as Assignee of Hopkins, Jadiah v MVAIC (— Misc 3d —, 2026 NY Slip Op — [appeal No. 2025-984 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant's motion for summary judgment dismissing the complaint is granted.
TOUSSAINT, P.J., MUNDY and OTTLEY, JJ., concur.