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

Decided on February 27, 2026

2024-1399 K C

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

The Rybak Firm, PLLC (Damin J. Toell and Richard Rozhik of counsel), for appellant.

Rivkin Radler, LLP (Stuart M. Bodoff and Cheryl F. Korman of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Sandra E. Roper, J.), entered September 23, 2024. The order, insofar as appealed from as limited by the brief, granted defendant's motion for summary judgment dismissing the complaint and denied, as moot, plaintiff's motion to compel discovery and dismiss defendant's affirmative defenses.

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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 18, 2024 as granted defendant's motion for summary judgment dismissing the complaint and denied, as moot, plaintiff's motion to compel discovery and dismiss defendant's affirmative defenses. Plaintiff argues on appeal that the order should be reversed, the matter should be remitted to the Civil Court to decide plaintiff's amended cross-motion for summary judgment or, in the alternative, defendant's motion should be denied and plaintiff's motion to compel discovery and dismiss defendant's affirmative defenses should be, in effect, remitted for a determination on the merits.

For the reasons stated in Burke 2 Physical Therapy, P.C. v State Farm Mut. Auto. Ins. Co.[*2](85 Misc 3d 130[A], 2025 NY Slip Op 50195[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 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