March 1, 2005

Metro Med. Diagnostics, P.C. v Motor Veh. Acc. Indem. Corp. (2005 NY Slip Op 50241(U))

Headnote

MVAIC's motion to sever the provider's four remaining no-fault causes of action into two actions under CPLR 603 was granted on appeal. The decision described claims arising from nine separate accidents and stated that six causes of action had been discontinued by stipulation. The Appellate Term, Second Department, reversed for the reasons stated in the companion appeal decided the same day, No. 2004-1019 Q C.

Reported in New York Official Reports at Metro Med. Diagnostics, P.C. v Motor Veh. Acc. Indem. Corp. (2005 NY Slip Op 50241(U))

[*1]
Metro Med. Diagnostics, P.C. v Motor Veh. Acc. Indem. Corp.
2005 NY Slip Op 50241(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This opinion is uncorrected and will not be published in the printed Official Reports.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: 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.
2004-1023 Q C

METRO MEDICAL DIAGNOSTICS, PC Assignee of WILFRED PIERRE-GILES, MARIE JEAN, CORY SHAW, ALBERTE DUPERVAL and SHANECKA JUGGER, Respondent,

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 ten assignors. The claims arose from nine separate accidents. Six causes of action were discontinued by stipulation, and defendant moved to sever the remaining four causes of action into two 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

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