October 18, 2019

Arcadia Acupuncture, P.C. v Global Liberty Ins. Co. of N.Y. (2019 NY Slip Op 51707(U))

Headnote

The relevant facts that the court considered in this case were that Arcadia Acupuncture, P.C. was seeking to recover first-party no-fault benefits assigned to it by three assignors. The claims arose from three separate accidents that occurred on three different dates. The main issue decided was whether the first cause of action seeking to recover upon a claim for services rendered to Juan Beato should be severed from the remaining causes of action. The holding of the court was that the order denying defendant's motion to sever the first cause of action from the remaining causes of action was reversed, and defendant's motion to sever the first cause of action was granted. The court found that the facts relating to each claim were likely to raise few, if any, common issues of fact, and therefore, the motion to sever the first cause of action should have been granted.

Reported in New York Official Reports at Arcadia Acupuncture, P.C. v Global Liberty Ins. Co. of N.Y. (2019 NY Slip Op 51707(U))

Arcadia Acupuncture, P.C. v Global Liberty Ins. Co. of N.Y. (2019 NY Slip Op 51707(U)) [*1]

Arcadia Acupuncture, P.C. v Global Liberty Ins. Co. of N.Y.

2019 NY Slip Op 51707(U) [65 Misc 3d 140(A)]

Decided on October 18, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 18, 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
2018-1627 K C

Arcadia Acupuncture, P.C., as Assignee of Juan Beato, Carlos Berroa and Victor Martinez, Respondent,
against
Global Liberty Insurance Company of New York, Appellant.

Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum of counsel), for appellant. Petre and Zabokritsky, P.C., for respondent (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Kings County (Rosemarie Montalbano, J.), entered June 22, 2018. The order denied defendant’s motion to sever the first cause of action seeking to recover upon a claim for services rendered to Juan Beato from the remaining causes of action.

ORDERED that the order is reversed, with $30 costs, and defendant’s motion to sever the first cause of action from the remaining causes of action is granted.

In this action by a provider to recover first-party no-fault benefits assigned to it by three assignors, defendant appeals from an order of the Civil Court which denied defendant’s motion pursuant to CPLR 603 to sever the first cause of action seeking to recover upon a claim for services rendered to Juan Beato from the remaining causes of action.

The complaint alleges that the claims arose out of three separate accidents which occurred on three different dates. A review of the answer, denial of claim forms, and explanations of review pertaining to the claims at issue, reflects that facts relating to each claim are likely to raise few, if any, common issues of fact (see Radiology Resource Network, P.C. v Fireman’s Fund Ins. Co., 12 AD3d 185 [2004]). As a result, defendant’s motion to sever the first cause of action from the remaining causes of action should have been granted (see Maria Oca, M.D., P.C. v MVAIC, 35 Misc 3d 134[A], 2012 NY Slip Op 50758[U] [App Term, 2d Dept, 2d, 11th & 13th Jud [*2]Dists 2012]).

Accordingly, the order is reversed and defendant’s motion to sever the first cause of action from the remaining causes of action is granted.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: October 18, 2019