Legal Opinion

Active Care Med. Supply Corp. v. American Commerce Ins. Co.

Appellate Terms of the Supreme Court of New York

Decided December 15, 2016No. 2016 NYSlipOp 51813(U)Published

1Opinion of the Court

Active Care Medical Supply Corp., as Assignee of Gabriel Sanford, Respondent,

against

American Commerce Insurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Steven Z. Mostofsky, J.), entered February 25, 2015. The order denied defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is granted.

In this action to recover assigned first-party no-fault benefits, plaintiff seeks to recover for supplies it provided to…

2Cases cited5 opinions

  1. Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
  2. Lazides v. P & G EnterprisesAppellate Division of the Supreme Court of the State of New York · 2009
  3. Eagle Insurance v. FaceyAppellate Division of the Supreme Court of the State of New York · 2000
  4. Allstate Insurance v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2006
  5. All Boro Psychological Services, P.C. v. Travelers Property Casualty Co. of AmericaAppellate Terms of the Supreme Court of New York · 2014

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