March 8, 2019

Queens-Roosevelt Med. Rehabilitation P.C. v Response Ins. Co. (2019 NY Slip Op 50612(U))

Headnote

The main facts of this case involve a medical rehabilitation center, Queens-Roosevelt Medical Rehabilitation P.C., seeking to recover first-party no-fault benefits from Response Insurance Company. The insurance company filed a motion to strike the complaint and dismiss the action, but the Civil Court denied the motion. The issue decided by the Appellate Term was whether the complaint should be struck and the action dismissed pursuant to CPLR 3126. The holding of the court was that the order of the Civil Court was reversed, and the insurance company's motion to strike the complaint and dismiss the action was granted. This decision was made based on the reasoning and holding of a related case, Queens-Roosevelt Med. Rehabilitation, P.C., as Assignee of Maria Rodriguez v Response Ins. Co.

Reported in New York Official Reports at Queens-Roosevelt Med. Rehabilitation P.C. v Response Ins. Co. (2019 NY Slip Op 50612(U))

Queens-Roosevelt Med. Rehabilitation P.C. v Response Ins. Co. (2019 NY Slip Op 50612(U)) [*1]

Queens-Roosevelt Med. Rehabilitation P.C. v Response Ins. Co.

2019 NY Slip Op 50612(U) [63 Misc 3d 142(A)]

Decided on March 8, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 8, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ
2016-1573 Q C

Queens-Roosevelt Medical Rehabilitation P.C., as Assignee of Vicente Delgado, Respondent,
against
Response Insurance Company, Appellant.

Rubin, Fiorella & Friedman, LLP (Harlan R. Schreiber of counsel), for appellant. Law Firm of Natalia Skvortsova, PLLC (Natalia Skvortsova and Pryanka Arora of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Sally E. Unger, J.), entered March 1, 2016. The order denied defendant’s motion to strike the complaint and dismiss the action pursuant to CPLR 3126.

ORDERED that the order is reversed, with $30 costs, and defendant’s motion to strike the complaint and dismiss the action pursuant to CPLR 3126 is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court denying defendant’s motion to strike the complaint and dismiss the action pursuant to CPLR 3126.

For the reasons stated in Queens-Roosevelt Med. Rehabilitation, P.C., as Assignee of Maria Rodriguez v Response Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op ____ [appeal No. 2016-1006 Q C], decided herewith), the order is reversed and defendant’s motion to strike the complaint and dismiss the action pursuant to CPLR 3126 is granted.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: March 08, 2019