| B.Y., M.D., P.C. v GEICO Cas. Ins. Co. |
| 2010 NY Slip Op 50143(U) |
| Decided on January 28, 2010 |
| Appellate Term, Second Department |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
PRESENT: : NICOLAI, P.J., TANENBAUM and LaCAVA, JJ
2009-954 N C.
against
GEICO Casualty Insurance Co., Respondent.
Appeal from an order of the District Court of Nassau County, Third District (Fred J. Hirsh, J.), dated March 30, 2009. The order, insofar as appealed from as limited by the brief, denied plaintiffs' motion for partial summary judgment.
ORDERED that the order, insofar as appealed from, is affirmed without costs.
In this action by providers to recover assigned first-party no-fault benefits, plaintiffs moved for "partial summary judgment" pursuant to CPLR 3212 (e) or, in the alternative, CPLR 3212 (g). Defendant cross-moved for summary judgment dismissing the complaint. The court denied plaintiffs' motion and held defendant's cross motion in abeyance. Plaintiffs appeal, as limited by their brief, from so much of the order as denied their motion for "partial summary judgment."
For the reasons stated in B.Y., M.D., P.C., JR Chiropractic, P.C., Oasis Physical Therapy, P.C. and Olga Bard Acupuncture, P.C. a/a/o Beverly Prince v Government Empls. Ins. Co. (___ Misc 3d ___, 2009 NY Slip Op _____ [Appeal No. 2009-943 N C], decided herewith), the order, insofar as appealed from, is affirmed.
Nicolai, P.J., Tanenbaum and LaCava, JJ., concur.
Decision Date: January 28, 2010