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Appellate Term, Second Department: November 20, 2020

Appellate Term, Second Department: November 20, 2020

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Second, Eleventh and Thirteenth JudicIal Districts The following decisions were decided on: November 13, 2020

By: Aliotta, P.J., Elliot and Siegal, JJ. The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for respondent. 2018-2043 K C. ISLAND LIFE CHIROPRACTIC PAIN CARE, PLLC v. NATIONWIDE INS. — Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered July 20, 2018. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment. ORDERED that the order is affirmed, with $25 costs. In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment. All of plaintiff’s arguments as to why defendant’s motion for summary judgment should have been denied are not properly before this court, since they are being raised for the first time on appeal, and we decline to consider them (see Joe v. Upper Room Ministries, Inc., 88 AD3d 963 [2011]; Gulf Ins. Co. v. Kanen, 13 AD3d 579 [2004]). Accordingly, the order is affirmed. ALIOTTA, P.J., ELLIOT and SIEGAL, JJ., concur. November 13, 2020

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