May 18, 2018

City Chiropractic, P.C. v Auto One Ins. Co. (2018 NY Slip Op 50735(U))

Headnote

The court considered an order from the Civil Court of the City of New York denying the defendant's motion to sever a cause of action seeking to recover upon a claim for services rendered to Fatima Powell from the remaining causes of action. The defendant argued that the causes of action had arisen out of different accidents and that multiple defenses had been interposed in the answer. However, the Civil Court denied the motion, stating that the defendant had failed to establish that the claims involved different questions of fact and law. The main issue decided was whether the defendant's motion to sever the cause of action seeking to recover upon a claim for services rendered to Fatima Powell from the remaining causes of action should be granted. The holding of the court was that the order denying the defendant's motion to sever the cause of action seeking to recover upon a claim for services rendered to Fatima Powell from the remaining causes of action was affirmed.

Reported in New York Official Reports at City Chiropractic, P.C. v Auto One Ins. Co. (2018 NY Slip Op 50735(U))

City Chiropractic, P.C. v Auto One Ins. Co. (2018 NY Slip Op 50735(U)) [*1]

City Chiropractic, P.C. v Auto One Ins. Co.

2018 NY Slip Op 50735(U) [59 Misc 3d 145(A)]

Decided on May 18, 2018

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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 18, 2018

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2015-2304 K C

City Chiropractic, P.C., as Assignee of Fatima Powell, Koran McDonald and Charles Henley, Respondent,
against
Auto One Insurance Company, Appellant.

Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum of counsel), for appellant. Zara Javakov, Esq., P.C. (Zara Javakov of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Ingrid Joseph, J.), entered March 20, 2015. The order denied defendant’s motion to sever a cause of action seeking to recover upon a claim for services rendered to Fatima Powell from the remaining causes of action.

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

The complaint in this action by a provider to recover assigned first-party no-fault benefits seeks to recover for services that had been rendered to three assignors. Defendant moved, pursuant to CPLR 603, to sever the cause of action seeking to recover upon a claim for services rendered to Fatima Powell from the remaining causes of action, which sought to recover upon claims for services rendered to Koran McDonald and Charles Henley. Defendant’s counsel asserted that the causes of action had arisen out of different accidents and that multiple defenses had been interposed in the answer. The Civil Court denied defendant’s motion as premature, stating that defendant had failed to establish that the claims involved different questions of fact and law.

For the reasons stated in City Chiropractic, P.C., as Assignee of Victoria A. Lliguichuzhca et al. v Auto One Ins. Co. (__ Misc 3d ___, 2018 NY Slip Op _____ [appeal No. 2015-1618 K C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
May 18, 2018