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CAREPLUS MED. SUP. INC. v. SELECTIVE INS. CO. OF AMERICA

25 Misc.3d 48 (2009)

CAREPLUS MEDICAL SUPPLY, INC., as Assignee of LUIS GOMEZ, Appellant, v. SELECTIVE INSURANCE COMPANY OF AMERICA, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided March 10, 2009.

Attorney(s) appearing for the Case

Amos Weinberg, Great Neck, for appellant.

Cascone & Kluepfel, LLP, Garden City (Joseph A. Potenza of counsel), for respondent.

TANENBAUM, J.P., MOLIA and LaCAVA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order, insofar as appealed from, affirmed without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. Defendant opposed the motion and moved for summary judgment dismissing the complaint, arguing that a conflict of law analysis required the application of New Jersey law, pursuant to which plaintiff...

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