August 14, 2020

A.M. Med. Servs., P.C. v State Farm Mut. Ins. Co. (2020 NY Slip Op 50943(U))

Headnote

The main issue in this case was whether the branch of defendant's motion seeking to dismiss the complaint on the ground of laches should be granted. The court considered the delay in prosecuting the action and whether this delay warranted the dismissal of the complaint. The court ultimately held that the branch of defendant's motion seeking to dismiss the complaint on the ground of laches is denied, and the matter is remitted to the Civil Court for a determination of the remaining branches of defendant's motion. The court reversed the order of the Civil Court and found that the remaining branches of the motion were moot.

Reported in New York Official Reports at A.M. Med. Servs., P.C. v State Farm Mut. Ins. Co. (2020 NY Slip Op 50943(U))

A.M. Med. Servs., P.C. v State Farm Mut. Ins. Co. (2020 NY Slip Op 50943(U)) [*1]

A.M. Med. Servs., P.C. v State Farm Mut. Ins. Co.

2020 NY Slip Op 50943(U) [68 Misc 3d 129(A)]

Decided on August 14, 2020

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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 14, 2020

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

PRESENT: : THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, WAVNY TOUSSAINT, JJ
2018-1955 Q C

A.M. Medical Services, P.C., as Assignee of Zoia Dmitrenko, Appellant,
against
State Farm Mutual Insurance Co., Respondent.

Law Office of David O’Connor, P.C. (David O’Connor of counsel), for appellant. Rivkin Radler, LLP (Stuart M. Bodoff of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Phillip Hom, J.), entered May 31, 2018. The order granted the branch of defendant’s motion seeking to dismiss the complaint on the ground of laches.

ORDERED that the order is reversed, without costs, the branch of defendant’s motion seeking to dismiss the complaint on the ground of laches is denied, and the matter is remitted to the Civil Court for a determination of the remaining branches of defendant’s motion.

Insofar as is relevant to the appeal in this action by a provider to recover assigned first-party no-fault benefits, defendant moved to, among other things, dismiss the complaint on the ground of laches, based on plaintiff’s delay in prosecuting the action. The Civil Court granted this branch of defendant’s motion and found that the remaining branches of the motion were moot.

For the reasons stated in Rockaway Med. & Diagnostic, P.C. v State Farm Mut. Ins. Co. (66 Misc 3d 147[A], 2020 NY Slip Op 50238[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020]), the order is reversed, the branch of defendant’s motion seeking to dismiss the complaint on the ground of laches is denied, and the matter is remitted to the Civil Court for a determination of the remaining branches of defendant’s motion.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 14, 2020