July 22, 2009

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

Headnote

The court considered the fact that plaintiff J & S Medical Supplies, Inc. brought an action against defendant Republic Western Insurance Co. for first party no-fault benefits. The main issue in the case was whether the action was time-barred. The court held that assuming the defendant qualified as a self-insurer, the plaintiff's action for first party no-fault benefits was governed by a six-year statute of limitations, and was therefore timely commenced. The court affirmed the order of the Civil Court of the City of New York, Bronx County, which denied the defendant's motion to dismiss the action as time-barred.

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

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This opinion is uncorrected and will not be published in the printed Official Reports.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