Supreme Court, Appellate Term, Second Department, 2d, 11th And 13th Judicial Districts

Decided on February 27, 2026

2023-1126 K C

Present: : Chereé A. Buggs, J.P., Marina Cora Mundy, Lisa S. Ottley, JJ

The Rybak Firm, PLLC (Oleg Rybak and Richard Rozhik of counsel), for appellant.

Rivkin Radler, LLP (Stuart M. Bodoff 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 September 8, 2023. The order, insofar as appealed from and as limited by the brief, granted the branches of defendant's cross-motion seeking summary judgment dismissing the first through eighth causes of action.

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ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals, as limited by its brief, from so much of an order of the Civil Court (Sandra E. Roper, J.) dated September 8, 2023 as granted the branches of defendant's cross-motion seeking summary judgment dismissing the first through eighth causes of action. Plaintiff argues on appeal that the matter should be remitted to the Civil Court for consideration of what plaintiff denominated as amended opposition to defendant's cross-motion for summary judgment dismissing the complaint or, in the alternative, that the branches of defendant's cross-motion seeking summary judgment dismissing the first through eighth causes of action should be denied.

For the reasons stated in Burke Physical Therapy, P.C. v State Farm Mut. Auto. Ins. Co. (86 Misc 3d 128[A], 2025 NY Slip Op 50836[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists [*2]2025]), the order, insofar as appealed from, is affirmed.

BUGGS, J.P., MUNDY and OTTLEY, JJ., concur.

ENTER:

Jennifer Chan

Chief Clerk

Decision Date: February 27, 2026