John A. Nasrinpay 2 v. Nationwide Affinity Ins. Co. of Am.

John A. Nasrinpay 2 v Nationwide Affinity Ins. Co. of Am. (2022 NY Slip Op 51241(U)) [*1] John A. Nasrinpay 2 v Nationwide Affinity Ins. Co. of Am. 2022 NY Slip Op 51241(U) [77 Misc 3d 132(A)] Decided on November 18, 2022 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected in part through December 19, 2022; it will not be published in the printed Official Reports. Decided on November 18, 2022 SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS PRESENT: : THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, WAVNY TOUSSAINT, JJ 2021-792 K C John A. Nasrinpay 2, as Assignee of Nelson-Lutchman, Cymone, Appellant, against Nationwide Affinity Insurance Company of America, Respondent. The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Hollander Legal Group , P.C. (Allan S. Hollander and Christopher Volpe 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 December 2, 2021. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment. 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 plaintiff had failed to provide requested verification. Plaintiff opposed the motion and cross-moved for summary judgment. By order dated December 2, 2021, the Civil Court granted defendant's motion and denied plaintiff's cross motion. For the reasons stated in Remedy Chiropractic, P.C. v Nationwide Ins. (76 Misc 3d 135[A], 2022 NY Slip Op 50935[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]), the order is affirmed. ALIOTTA, P.J., WESTON and TOUSSAINT, JJ., concur. ENTER: Paul Kenny Chief Clerk Decision Date: November 18, 2022