March 8, 2019

New York Infinity Health Care, LCSW, P.C. v Global Liberty Ins. Co. of N.Y. (2019 NY Slip Op 50278(U))

https://www.beynensonlaw.com/case-law/new-york-infinity-health-care-lcsw-p-c-v-global-liberty-ins-co-of-n-y-2019ny-slip-op-50278u/

Court
Appellate Term, Second Department
Decided
March 8, 2019
Citation
2019 NY Slip Op 50278(U) · 62 Misc 3d 150(A)
Posture
Other motion
Outcome
Provider prevailed
Issues
Discovery and procedure
Cite as
New York Infinity Health Care, LCSW, P.C. v Global Liberty Ins. Co. of N.Y., 62 Misc 3d 150(A), 2019 NY Slip Op 50278(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 motion under CPLR 603 to sever the first no-fault cause of action from the remaining causes of action was denied and affirmed on appeal. The Appellate Term, Second Department, relied on the reasons stated in Himalayans Acupuncture, P.C. v Global Liberty Ins. Co. of NY, the companion appeal decided the same day, No. 2016-2225 K C.

Reported in New York Official Reports at New York Infinity Health Care, LCSW, P.C. v Global Liberty Ins. Co. of N.Y. (2019 NY Slip Op 50278(U))

[*1]
New York Infinity Health Care, LCSW, P.C. v Global Liberty Ins. Co. of N.Y.
2019 NY Slip Op 50278(U) [62 Misc 3d 150(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This opinion is uncorrected and will not be published in the printed Official Reports.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., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ
2016-2227 K C
New York Infinity Health Care, LCSW, P.C., as Assignee of Shavkat Djalilov, Abada Hajar, Davron Khuseynov, Omar Nyami Morabit and Dilbar Sharipova, 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 (Steven Z. Mostofsky, J.), entered August 17, 2016. The order denied defendant’s motion to sever the first cause of action seeking to recover upon a claim for services rendered to Shavkat Djalilov from the remaining causes of action.

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

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court which denied defendant’s motion, which had sought, pursuant to CPLR 603, to sever the first cause of action seeking to recover upon a claim for services rendered to Shavkat Djalilov from the remaining causes of action. Defendant’s counsel asserted that the causes of action had arisen out of five accidents and that multiple defenses had been interposed in the answer. The Civil Court denied defendant’s motion.

For the reasons stated in Himalayans Acupuncture, P.C., as Assignee of Davron Khuseynov, et al. v Global Liberty Ins. Co. of NY (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2016-2225 K C], decided herewith), the order is affirmed.

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


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

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