SPINE SURGERY OF BUFFALO NIAGARA, LLC v. GEICO CAS. CO.

791 CA 22-00038.

211 A.D.3d 1532 (2022)

178 N.Y.S.3d 729

2022 NY Slip Op 07343

Spine Surgery of Buffalo Niagara, LLC, Respondent, v. GEICO Casualty Company et al., Appellants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 23, 2022.


Attorney(s) appearing for the Case

RIVKIN RADLER LLP, UNIONDALE ( HENRY MASCIA OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

THE MORRIS LAW FIRM, P.C., BUFFALO ( DANIEL K. MORRIS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Lindley, J.P., NeMoyer, Winslow and Bannister, JJ.


Appeal from an order of the Supreme Court, Erie County (Catherine R. Nugent Panepinto, J.), entered October 25, 2021. The order denied the motion of defendants to dismiss the complaint.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.

Memorandum: Plaintiff, as the assignee of certain claims for no-fault benefits, previously commenced an action against...

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