November 29, 2019

Pavlova v American Tr. Ins. Co. (2019 NY Slip Op 51948(U))

Headnote

The court considered the case of Ksenia Pavlova, D.O. as assignee of Cazeau, Rene, against American Transit Ins. Co. In this case, the plaintiff moved for summary judgment to recover assigned first-party no-fault benefits, while the defendant cross-moved for summary judgment to dismiss the complaint or to hold the action in abeyance pending a determination by the Workers' Compensation Board. The main issue decided was whether the action should be held in abeyance pending a determination by the Workers' Compensation Board of the parties' rights under the Workers' Compensation Law based upon the plaintiff's assignor's alleged eligibility for workers' compensation benefits. The holding was that the order denying the plaintiff's motion for summary judgment and granting the branch of the defendant's cross motion seeking to hold the proceeding in abeyance was affirmed, with the court awarding $25 in costs.

Reported in New York Official Reports at Pavlova v American Tr. Ins. Co. (2019 NY Slip Op 51948(U))

Pavlova v American Tr. Ins. Co. (2019 NY Slip Op 51948(U)) [*1]

Pavlova v American Tr. Ins. Co.

2019 NY Slip Op 51948(U) [65 Misc 3d 155(A)]

Decided on November 29, 2019

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 29, 2019

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ
2017-1518 K C

Ksenia Pavlova, D.O., as Assignee of Cazeau, Rene, Appellant,
against
American Transit Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Office of Daniel J. Tucker (Joshua M. Goldberg of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Mary V. Rosado, J.), entered April 7, 2017. The order denied plaintiff’s motion for summary judgment and granted the branch of defendant’s cross motion seeking to hold the proceeding in abeyance pending a determination by the Workers’ Compensation Board of the parties’ rights under the Workers’ Compensation Law.

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment, and defendant cross-moved for summary judgment dismissing the complaint or, in the alternative, to hold the action in abeyance pending an application to the Workers’ Compensation Board to determine the parties’ rights under the Workers’ Compensation Law based upon plaintiff’s assignor’s alleged eligibility for workers’ compensation benefits. By order entered April 7, 2017, the Civil Court granted the branch of defendant’s cross motion seeking to hold the action in abeyance. Plaintiff appeals.

For the reasons stated in Quality Health Prod., Inc., as Assignee of Jean Louis v American Tr. Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-2139 K C], decided herewith), the order is affirmed.

PESCE, P.J., ALIOTTA and SIEGAL, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 29, 2019