October 18, 2019

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

https://www.beynensonlaw.com/case-law/arcadia-acupuncture-p-c-v-global-liberty-ins-co-of-n-y-2019-ny-slip-op51707u/

Court: Appellate Term, Second Department
Decided: October 18, 2019
Citation: 2019 NY Slip Op 51707(U) · 65 Misc 3d 140(A)
Posture: Other motion
Outcome: Insurer prevailed
Issues: Discovery and procedure

Cite as

Arcadia Acupuncture, P.C. v Global Liberty Ins. Co. of N.Y., 65 Misc 3d 140(A), 2019 NY Slip Op 51707(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019)

Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.

Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

The insurer's severance motion was granted because separate accident claims were likely to raise few, if any, common factual issues. The provider sought no-fault benefits assigned by three assignors, and its complaint alleged three accidents on different dates. Review of the answer, denial forms, and explanations of review showed that the facts relating to each claim were likely to raise few common issues. The Appellate Term, Second Department, reversed the order denying severance under CPLR 603 and granted the insurer's motion to sever the first cause of action from the remaining causes of action.

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))

[*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This opinion is uncorrected and will not be published in the printed Official Reports.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

Cited in this decision

A label shows how this decision treated the case it cites.

Radiology Resource Network, P.C. v Fireman’s Fund Ins. Co. (2004 NY Slip Op 07960) FollowedThe provider's 68 assigned claims were properly severed because individual issues predominated and a joint trial risked confusion.
Maria Oca, M.D., P.C. v MVAIC (2012 NY Slip Op 50758(U)) FollowedMVAIC's motion to sever was granted because the three assignors' claims arose from separate accidents and were unlikely to share factual issues.

Cited by

Heal Rite, P.T., P.C. v MVAIC (2023 NY Slip Op 50287(U))The provider's summary judgment award failed because qualified-person status was disputed and three assignors' claims had been severed.

Similar decisions

Himalayans Acupuncture, P.C. v Global Liberty Ins. Co. of N.Y. (2019 NY Slip Op 51975(U))The insurer's severance argument was moot because it presented no argument against summary judgment on the cause of action it sought to sever.
Majestic Acupuncture, P.C. v Interboro Mut. Ins. Co. (2018 NY Slip Op 51785(U))The insurer failed to justify severance merely by citing separate accidents and numerous affirmative defenses.
VNP Acupuncture, P.C. v American Commerce Ins. Co. (2017 NY Slip Op 50940(U))The insurer was entitled to sever claims arising from separate accidents and presenting few, if any, common factual issues.
Chiropractic Longevity, P.C. v Global Liberty Ins. Co. of N.Y. (2019 NY Slip Op 51974(U))The insurer's severance argument was moot because it presented no argument against summary judgment on the cause of action it sought to sever.
Clarke v Global Liberty Ins. Co. of N.Y. (2019 NY Slip Op 51708(U))The insurer's severance motion was granted because separate accident claims were likely to raise few, if any, common factual issues.