January 22, 2010

AJS Chiropractic, P.C. v New York Cent. Mut. Fire Ins. Co. (2010 NY Slip Op 50610(U))

Headnote

The main issue in this case was whether the trial court erred in granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment in an action to recover assigned first-party no-fault benefits. The court considered the fact that a preliminary injunction had been issued by the Supreme Court, Queens County, staying "all pending and future actions" in "New York Civil and District Courts" involving the plaintiff and plaintiff's assignor. The Appellate Term, Second Department, held that in light of the preliminary injunction issued by the Supreme Court, the parties were foreclosed from proceeding any further in the action. As a result, the appeal by the defendant was stricken from the general calendar, and the decision of the trial court was not reached.

Reported in New York Official Reports at AJS Chiropractic, P.C. v New York Cent. Mut. Fire Ins. Co. (2010 NY Slip Op 50610(U))

AJS Chiropractic, P.C. v New York Cent. Mut. Fire Ins. Co. (2010 NY Slip Op 50610(U)) [*1]

AJS Chiropractic, P.C. v New York Cent. Mut. Fire Ins. Co.

2010 NY Slip Op 50610(U) [27 Misc 3d 129(A)]

Decided on January 22, 2010

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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 22, 2010

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : RIOS, J.P., PESCE and GOLIA, JJ
2008-1907 K C.

AJS Chiropractic, P.C. as assignee of ALEXANDER TEJEDA, Respondent,
against
New York Central Mutual Fire Insurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (George J. Silver, J.), entered September 11, 2008. The order granted plaintiff’s motion for summary judgment and denied defendant’s cross motion for summary judgment.

ORDERED that the appeal is stricken from the general calendar.

In this action to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment and defendant cross-moved for summary judgment. While said motions were pending in the Civil Court, the Supreme Court, Queens County (James J. Golia, J.), in a declaratory judgment action brought by the instant defendant against, among others, the instant plaintiff and plaintiff’s assignor, issued a preliminary injunction staying “all pending and future actions” in “New York Civil and District Courts” involving, inter alia, said plaintiff and assignor. Thereafter, the Civil Court granted plaintiff’s motion for summary judgment and denied defendant’s cross motion for summary judgment dismissing the complaint. This appeal by defendant ensued. In light of the preliminary injunction issued by the Supreme Court, the parties herein were foreclosed from proceeding any further in this action. Accordingly, the appeal could not properly be perfected and must be stricken from the general calendar.

Rios, J.P., and Pesce J., concur.

Golia, J., taking no part. [*2]
Decision Date: January 22, 2010