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EXCEPTIONAL v. FIDUCIARY INS.

2012-1521 K C.

43 Misc.3d 75 (2014)

986 N.Y.S.2d 735;

2014 NY Slip Op 24091

EXCEPTIONAL MEDICAL CARE, P.C., et al., Respondents, v. FIDUCIARY INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided March 21, 2014.

Attorney(s) appearing for the Case

Skenderis & Cornacchia, P.C., Long Island City ( Anupama Karumanchi of counsel), for appellant.

Law Offices of Melissa Betancourt, P.C., Brooklyn ( Melissa Bentancourt of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is reversed, without costs, and plaintiffs' cross motion for summary judgment is denied.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint and plaintiffs cross-moved for summary judgment. The Civil Court denied defendant's motion on the ground that it was not made within 120...

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