Plaintiff provider of medical supplies sues to recover insurance benefits under NY Ins. Law § 5106(a) for nerve stimulating electrodes used by AR Medical Art, P.C., in treating the insured for injuries sustained in a motor vehicle collision. Plaintiff claims the insured assigned it his rights to insurance coverage for these medical supplies. Plaintiff moves for summary judgment on the claim. Defendant, without opposition from plaintiff, cross-moves for summary judgment dismissing the action. For the reasons explained below, the court grants defendant’s motion. C.P.L.R. § 3212(b).