October 18, 2019

Premier Surgical Servs., P.C. v GEICO Gen. Ins. Co. (2019 NY Slip Op 51704(U))

Headnote

The court considered the defendant's appeal from an order of the Civil Court that denied the defendant's motion to sever the causes of action in an action by a provider to recover first-party no-fault benefits assigned to it by four assignors. The main issue decided was whether the causes of action should have been severed into four separate actions due to the fact that the claims arose out of four separate accidents which occurred on four different dates, and therefore were likely to raise few, if any, common issues of fact. The holding of the court was that the order denying the defendant's motion to sever the claim of each assignor into separate actions was reversed, and defendant's motion was granted.

Reported in New York Official Reports at Premier Surgical Servs., P.C. v GEICO Gen. Ins. Co. (2019 NY Slip Op 51704(U))

Premier Surgical Servs., P.C. v GEICO Gen. Ins. Co. (2019 NY Slip Op 51704(U)) [*1]

Premier Surgical Servs., P.C. v GEICO Gen. Ins. Co.

2019 NY Slip Op 51704(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2018-1292 K C

Premier Surgical Services, P.C., as Assignee of Dawn Evans, Yvonne Bracey, Rosemarie Delacruz and Angela Castenada, Respondent,
against
GEICO General Ins. Co., Appellant.

Law Office of Goldstein & Flecker (Lawrence J. Chanice of counsel), for appellant. Zara Javakov, P.C. (Zara Javakov of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Rosemarie Montalbano, J.), entered May 7, 2018. The order denied defendant’s motion to sever the claim of each assignor into separate actions.

ORDERED that the order is reversed, with $30 costs, and defendant’s motion to sever the claim of each assignor into separate actions is granted.

In this action by a provider to recover first-party no-fault benefits assigned to it by four assignors, defendant appeals from an order of the Civil Court which denied defendant’s motion pursuant to CPLR 603 to sever the causes of action into four separate actions.

The complaint alleges that the claims arose out of four separate accidents which occurred on four different dates. The facts relating to each claim are therefore 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 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 Dists 2012]).

Accordingly, the order is reversed and defendant’s motion to sever the claim of each assignor into separate actions is granted.

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

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