June 19, 2012

Richard Denise M.D. P.C. v New York City Tr. Auth. (2012 NY Slip Op 04925)

Headnote

A provider sued the New York City Transit Authority for no-fault benefits, and the Transit Authority moved to dismiss the complaint as time-barred. The Appellate Term had reversed the Civil Court's order granting dismissal. The Appellate Division, First Department, held that because the Transit Authority's obligation to provide no-fault benefits arises from the no-fault statute, the three-year statute of limitations in CPLR 214(2) applies and bars the claim. It reversed the Appellate Term, granted the motion and dismissed the complaint.

Reported in New York Official Reports at Richard Denise M.D. P.C. v New York City Tr. Auth. (2012 NY Slip Op 04925)

Richard Denise M.D. P.C. v New York City Tr. Auth.
2012 NY Slip Op 04925 [96 AD3d 561]
June 19, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2012


Richard Denise M.D. P.C., as Assignee of Irene Trapp, Respondent,
v
New York City Transit Authority, Appellant.

—[*1] Jones Jones LLC, New York (Agnes Neiger of counsel), for appellant.

Israel, Israel & Purdy, LLP, Great Neck (Jennifer Greenhalgh Howard of counsel), for respondent.

Order of the Appellate Term of the Supreme Court, First Department, entered July 22, 2009, which reversed an order of the Civil Court, Bronx County (Francis M. Alessandro, J.), entered on or about May 7, 2007, granting defendant’s motion to dismiss the complaint as time-barred, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Because defendant New York City Transit Authority’s obligation to provide no-fault benefits arises out of the no-fault statute, the three-year statute of limitations as set forth in CPLR 214 (2) bars plaintiff’s claim (see M.N. Dental Diagnostics, P.C. v New York City Tr. Auth., 82 AD3d 409 [2011]).

We have reviewed plaintiff’s contentions and find them unavailing. Concur—Mazzarelli, J.P., Saxe, DeGrasse, Richter and Abdus-Salaam, JJ. [Prior Case History: 25 Misc 3d 13.]