Nat'l Gen. Ins. Online, Inc. v. Blasco
| Decision Date | 09 November 2022 |
| Docket Number | 2019–13906,Index No. 605852/18 |
| Parties | NATIONAL GENERAL INSURANCE ONLINE, INC., et al., respondents, v. Franklin BLASCO, et al., defendants, AB Medical Supply, Inc., et al., appellants. |
| Court | New York Supreme Court — Appellate Division |
210 A.D.3d 786
177 N.Y.S.3d 350
NATIONAL GENERAL INSURANCE ONLINE, INC., et al., respondents,
v.
Franklin BLASCO, et al., defendants,
AB Medical Supply, Inc., et al., appellants.
2019–13906
Index No. 605852/18
Supreme Court, Appellate Division, Second Department, New York.
Submitted—October 7, 2022
November 9, 2022
The Rybak Firm, PLLC, Brooklyn, NY (Oleg Rybak and Maksim Leyvi of counsel), for appellants.
McDonnell Adels & Klestzick, PLLC, Garden City, NY (Michael J. Giordano of counsel), for respondents.
BETSY BARROS, J.P., VALERIE BRATHWAITE NELSON, CHERYL E. CHAMBERS, LILLIAN WAN, JJ.
DECISION & ORDER
In an action, inter alia, for a judgment declaring that the plaintiffs are not obligated to pay certain no-fault claims, the defendants AB Medical Supply, Inc., AB Quality Health Supply Corp., ACH Chiropractic, P.C., Energy Chiropractic, P.C., FJL Medical Services, P.C., JFL Medical Care, P.C., JPF Medical Services, P.C., Jules Francois Parisien, Kings Rehab Acupuncture, P.C., and Maria Shiela Masigla appeal from a judgment
of the Supreme Court, Nassau County (R. Bruce Cozzens, Jr., J.), entered November 13, 2019. The judgment, upon an order of the same court entered October 9, 2019, granting that branch of the plaintiffs’ motion which was for summary judgment on the complaint insofar as asserted against those defendants, inter alia, declared that the plaintiffs have no duty to provide coverage for the subject no-fault claims.
ORDERED that the judgment is affirmed, with costs.
In April 2017 and June 2017, within days of the defendants Jerry Noland and Franklin Blasco procuring automobile insurance policies, the vehicles for which the policies were issued were involved in two separate automobile collisions when they each came into contact with two separate taxicabs. In or around April 2018, the plaintiffs, National General Insurance Online, Inc., and National General Insurance Company, commenced this action against Noland, Blasco and other...
To continue reading
Request your trial
-
Ostler v. N.Y.S. Dep't of Health
...v. Zucker, 210 A.D.3d 776, 178 N.Y.S.3d 142 (decided herewith). In any event, the DOH's determinations pertaining to transportation 210 A.D.3d 786 expenses, as well as out-of-pocket medical expenses, are not arbitrary and capricious, but instead, are the product of DOH's reasonable and rati......