March 1, 2005

Metro Med. Diagnostics, P.C. v Motor Veh. Acc. Indem. Corp. (2005 NY Slip Op 50239(U))

Headnote

A provider sued MVAIC for no-fault benefits as assignee of five assignors whose claims arose from separate accidents, and MVAIC moved under CPLR 603 to sever the ten causes of action into five separate actions. The Civil Court denied the motion. The Appellate Term reversed for the reasons stated in its companion decision in Metro Medical Diagnostics, PC v Motor Vehicle Accident Indemnification Corp. (No. 2004-1019 Q C), which found that the facts of each claim raised few common issues. The motion to sever was granted.

Reported in New York Official Reports at Metro Med. Diagnostics, P.C. v Motor Veh. Acc. Indem. Corp. (2005 NY Slip Op 50239(U))

[*1]
Metro Med. Diagnostics, P.C. v Motor Veh. Acc. Indem. Corp.
2005 NY Slip Op 50239(U)
Decided on March 1, 2005
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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 1, 2005
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., PATTERSON and GOLIA, JJ.


METRO MEDICAL DIAGNOSTICS, PC Assignee of GENNADY MANUKOVSKY, AL WATFORD, VLADIMIR VARDONYAN, NICHOLAS MARAGNI AND NINA SOKOLETSKAYA, Respondent, NO~ 2004 -1020 Q C

against

MOTOR VEHICLE ACCIDENT INDEMNITY CORPORATION, Appellant.


Appeal by defendant from an order of the Civil Court, Queens County (H. Lane, J.), entered May 24, 2004, denying its motion to sever.


Order unanimously reversed without costs and defendant’s motion to sever granted.

Plaintiff commenced this action to recover no-fault benefits as assignee of five assignors. The claims arose from five separate accidents. Defendant moved to sever the ten causes of action contained in the complaint into five separate actions pursuant to CPLR 603, which motion the court below denied.

The order should be reversed for the reasons set forth in Metro Med. Diagnostics, PC v Motor Veh. Acc. Indem. Corp. ( Misc 3d , 2005 NY Slip Op [No. 2004 -1019 Q C, decided herewith]).
Decision Date: March 01, 2005