December 6, 2019

Chiropractic Longevity, P.C. v Global Liberty Ins. Co. of N.Y. (2019 NY Slip Op 51974(U))

https://www.beynensonlaw.com/case-law/chiropractic-longevity-p-c-v-global-liberty-ins-co-of-n-y-2019-ny-slipop-51974u/

Court: Appellate Term, Second Department
Decided: December 6, 2019
Citation: 2019 NY Slip Op 51974(U) · 65 Misc 3d 158(A)
Posture: Other motion
Outcome: Provider prevailed
Issues: Discovery and procedure

Cite as

Chiropractic Longevity, P.C. v Global Liberty Ins. Co. of N.Y., 65 Misc 3d 158(A), 2019 NY Slip Op 51974(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 argument was moot because it presented no argument against summary judgment on the cause of action it sought to sever. The provider sued for assigned no-fault benefits on multiple causes of action. The insurer moved to sever the first, while the provider cross-moved for summary judgment. On appeal, the insurer challenged denial of severance but offered no basis to disturb the grant of summary judgment on the first cause of action. With that relief undisturbed, the severance contention was moot. The Appellate Term, Second Department, affirmed the order, insofar as appealed from, leaving the provider's summary judgment on the first cause of action and the denial of severance intact.

Reported in New York Official Reports at Chiropractic Longevity, P.C. v Global Liberty Ins. Co. of N.Y. (2019 NY Slip Op 51974(U))

[*1]

Chiropractic Longevity, P.C. v Global Liberty Ins. Co. of N.Y.

2019 NY Slip Op 51974(U) [65 Misc 3d 158(A)]

Decided on December 6, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 6, 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
2018-1181 K C

Chiropractic Longevity, P.C., as Assignee of Hajar Abada, Dilshod Komilov, Omar Nyami-Morabit, 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. (Damin J. Toell of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Rosemarie Montalbano, J.), entered May 11, 2018. The order, insofar as appealed from as limited by the brief, denied defendant’s motion to sever the first cause of action, seeking to recover upon a claim for services rendered to Hajar Abada, from the remaining causes of action and granted the branch of plaintiff’s cross motion seeking summary judgment upon the first cause of action.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved to sever the first cause of action, seeking to recover upon a claim for services rendered to Hajar Abada, from the remaining causes of action. Plaintiff cross-moved for summary judgment. By order entered May 11, 2018, the Civil Court denied defendant’s motion seeking to sever the first cause of action and granted plaintiff’s cross motion for summary judgment. Defendant appeals, as limited by its brief, from so much of the order as denied its motion seeking to sever the first cause of action from the remaining causes of action and granted the branch of plaintiff’s cross motion seeking summary judgment upon the first cause of action.

As defendant’s appeal presents no argument with respect to so much of the order as granted the branch of plaintiff’s cross motion seeking summary judgment upon the first cause of action, defendant failed to establish a basis to disturb that portion of the order. In light of the foregoing, defendant’s contention that its motion seeking to sever the first cause of action from the remaining causes of action should have been granted is moot (see Lighting Horizons v Kahn & Co., 120 AD2d 648 [1986]; Charles Deng Acupuncture, P.C. v 21st Century Ins. Co., 58 Misc 3d 128[A], 2017 NY Slip Op 51720[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017]).

Accordingly, the order, insofar as appealed from, is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: December 6, 2019

Cited in this decision

Charles Deng Acupuncture, P.C. v 21st Century Ins. Co. (2017 NY Slip Op 51720(U))The provider failed to supply a basis to disturb dismissal of its unpaid claims, and its interest and attorney's fees claim was dismissed.

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.
Arcadia Acupuncture, P.C. v Global Liberty Ins. Co. of N.Y. (2019 NY Slip Op 51707(U))The insurer's severance motion was granted because separate accident claims were likely to raise few, if any, common factual issues.
New York Infinity Health Care, LCSW, P.C. v Global Liberty Ins. Co. of N.Y. (2019 NY Slip Op 50278(U))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.
Unique Physical Rehab, PT, P.C. v Global Liberty Ins. Co. of N.Y. (2019 NY Slip Op 50277(U))The denial of the insurer's CPLR 603 motion to sever the first no-fault cause of action from the remaining causes was affirmed on appeal.
Unique Physical Therapy, PT, P.C. v Global Liberty Ins. Co. of N.Y. (2021 NY Slip Op 50323(U))No-fault claims arising from separate accidents do not alone warrant severance under CPLR 603.