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July 22, 2009

J & S Med. Supplies, Inc. v Republic W. Ins. Co. (2009 NY Slip Op 51595(U))

https://www.beynensonlaw.com/case-law/j-s-med-supplies-inc-v-republic-w-ins-co-2009-ny-slip-op51595u/

Court
Appellate Term, First Department
Decided
July 22, 2009
Citation
2009 NY Slip Op 51595(U) · 24 Misc 3d 139(A)
Posture
Motion to dismiss (CPLR 3211)
Outcome
Provider prevailed
Issues
Statute of limitations
Legal questions
No-fault statute of limitations (see the maps)
Cite as
J & S Med. Supplies, Inc. v Republic W. Ins. Co., 24 Misc 3d 139(A), 2009 NY Slip Op 51595(U) (App Term, 1st Dept 2009)

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 limitations-based dismissal motion was properly denied under the six-year statute of limitations. The Appellate Term, First Department, affirmed, citing the companion appeal decided the same day, Richard Denise, MD, P.C. v New York City Trans. Auth., No. 07-308. It assumed, without deciding, that the defendant qualified as a self-insurer.

Reported in New York Official Reports at J & S Med. Supplies, Inc. v Republic W. Ins. Co. (2009 NY Slip Op 51595(U))

[*1]
J & S Med. Supplies, Inc. v Republic W. Ins. Co.
2009 NY Slip Op 51595(U) [24 Misc 3d 139(A)]
Decided on July 22, 2009
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 22, 2009

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570139/08.
J & S Medical Supplies, Inc., a/a/o Francisco Gallego, Plaintiff-Respondent, – –

against

Republic Western Insurance Co., Defendant-Appellant.

Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Ben R. Barbato, J.), dated May 17, 2007, which denied its motion to dismiss plaintiff’s action as time barred.

Per Curiam.

Order (Ben R. Barbato, J.), dated May 17, 2007, affirmed, without costs.

Assuming, without deciding, that defendant qualifies as a self-insurer, plaintiff’s action for first party no-fault benefits is governed by a six-year statute of limitations (see Richard Denise, MD, P.C. v New York City Trans. Auth., appeal numbered 07-308, decided herewith), and was thus timely commenced.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 22, 2009

Legal questions

A question of no-fault law this decision rules on, from our Legal Questions pages. Bars count the decisions on the question by year and court, coloured by category; circles are this decision and the decisions on the question it cites or that cite it. Point at a bar or circle for details. The categories and summaries are Beynenson Law’s classification, made by a language model and checked by a second reading.

No-fault statute of limitations

Open the full map

Which limitations period governs a first-party no-fault claim against an insurer, self-insurer or MVAIC: six or three years?

This decision: Claim against a self-insurer carries the six-year contract period (pre-2018 Second Dept / App Term 1st Dept line)

Held, assuming without deciding that the defendant was a self-insurer, that the first-party action was governed by the six-year period and therefore timely commenced.

  • Court of AppealsCt App 1
  • Appellate DivisionApp Div 3
  • Appellate TermApp Term 6
  • Trial courtsTrial 1
2018, Court of Appeals: 1 decision (1 Three years: self-insurer)2008, Appellate Division: 1 decision (1 Six years: insurer)2011, Appellate Division: 1 decision (1 Three years: self-insurer)2012, Appellate Division: 1 decision (1 Three years: self-insurer)2013, Appellate Term: 1 decision (1 Six years: insurer)2010, Appellate Term: 2 decisions (1 Six years: insurer, 1 Three years: MVAIC)2009, Appellate Term: 2 decisions (2 Six years: self-insurer)2011, Appellate Term: 1 decision (1 Three years: MVAIC)2005, Trial courts: 1 decision (1 Three years: MVAIC)This decision
2006200820102012201420162018
Six years: insurerSix years: self-insurerThree years: self-insurerThree years: MVAICThis decision

Of the 11 decisions on this question in the First Department courts and the Court of Appeals, 2 (this one included) are in the same category.

Similar decisions

  • A.B. Med. Servs., PLLC v New York City Tr. Auth. (2009 NY Slip Op 52832(U))An action to recover first-party no-fault benefits from a self-insurer is subject to the six-year statute of limitations.
  • DJS Med. Supplies, Inc. v Clarendon Natl. Ins. Co. (2011 NY Slip Op 51304(U))A no-fault claim accrues 30 days after the insurer receives it; a later denial does not postpone accrual.
  • Bronx Advanced Med., P.C. v Liberty Mut. Ins. Co. (2007 NY Slip Op 51334(U))The provider's summary judgment motion was denied on appeal because the insurer raised a triable issue of noncoverage.
  • Richard Denise, M.D., P.C. v New York City Tr. Auth. (2009 NY Slip Op 29313)A no-fault claim against a self-insurer is subject to the six-year statute of limitations in CPLR 213 (2).
  • Jesa Med. Supply, Inc. v American Tr. Ins. Co. (2012 NY Slip Op 50052(U))The provider's action was premature because requested verification remained outstanding and the insurer's time to pay or deny had not begun.
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