Opinion
2007-329 Q C.
Decided July 10, 2008.
Appeal from an order of the Civil Court of the City of New York, Queens County (Gerald Dunbar, J.), entered February 2, 2006, deemed from a judgment entered February 5, 2007 (see CPLR 5501 [c]). The judgment, entered pursuant to the January 19, 2006 order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment, awarded plaintiff the principal sum of $1,236.99.
Judgment reversed without costs, order entered January 19, 2006 vacated, plaintiff's motion for summary judgment denied and defendant's cross motion for summary judgment dismissing the complaint granted.
PRESENT: RIOS, J.P., PESCE and GOLIA, JJ.
In this action by a provider to recover assigned first-party no-fault benefits for psychological services rendered in August and September 1999, plaintiff moved for summary judgment. Defendant cross-moved for summary judgment arguing, inter alia, that plaintiff was ineligible to receive reimbursement of no-fault benefits because plaintiff was fraudulently incorporated, relying on State Farm Mut. Auto. Ins. Co. v Mallela ( 4 NY3d 313 ). Holding that Insurance Department Regulations (11 NYCRR) § 65-3.16 (a) (12) was inapplicable to claims for services rendered prior to April 4, 2002, the court granted plaintiff's motion for summary judgment and denied defendant's cross motion seeking summary judgment dismissing the complaint. This appeal ensued. A judgment was subsequently entered.
In Allstate Ins. Co. v Belt Parkway Imaging, P.C. ( 33 AD3d 407 ), the Appellate Division, First Department, held that Insurance Department Regulations (11 NYCRR) § 65-3.16 (a) (12) is to be given retroactive effect notwithstanding the fact that it would bar reimbursement of assigned first-party no-fault benefits for services rendered prior to April 4, 2002 ( see also Metroscan Imaging, P.C. v GEICO Ins. Co. ( 13 Misc 3d 35 , 37-39 [App Term, 2d 11th Jud Dists 2006]). Defendant's cross motion for summary judgment established that plaintiff performed psychological services in violation of Limited Liability Company Law sections 1203 and 1207. Consequently, based upon our prior determination in Multiquest, P.L.L.C. v Allstate Ins. Co. ( 17 Misc 3d 37 [App Term, 2d 11th Jud Dists 2007]), plaintiff was ineligible to obtain reimbursement of assigned first-party no-fault benefits for such services and defendant was entitled to summary judgment dismissing the complaint.
Rios, J.P., Pesce and Golia, JJ., concur.