September 23, 2022

New Millennium Med. Imaging, P.C. v GEICO (2022 NY Slip Op 50928(U))

Headnote

The insurer's motion to dismiss the no-fault action on statute-of-limitations grounds was denied, and the denial was affirmed. The insurer sought dismissal under CPLR 3211 (a) (5). The Appellate Term, Second Department, affirmed the order, insofar as appealed from, for the reasons stated in the companion appeal decided the same day, No. 2020-96 K C.

Reported in New York Official Reports at New Millennium Med. Imaging, P.C. v GEICO (2022 NY Slip Op 50928(U))

[*1]
New Millennium Med. Imaging, P.C. v GEICO
2022 NY Slip Op 50928(U) [76 Misc 3d 134(A)]
Decided on September 23, 2022
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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 23, 2022
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : THOMAS P. ALIOTTA, P.J., DONNA-MARIE E. GOLIA, CHEREÉ A. BUGGS, JJ
2020-155 K C

New Millennium Medical Imaging, P.C., as Assignee of Everald Danne, Respondent,

against

GEICO, Appellant.


Law Office of Goldstein, Flecker & Hopkins (Lawrence J. Chanice of counsel), for appellant. Law Office of Damin J. Toell, 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 (Sandra E. Roper, J.), entered September 6, 2019. The order, insofar as appealed from, denied defendant’s motion to dismiss the complaint.

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 appeals, as limited by its notice of appeal, from so much of an order of the Civil Court as denied defendant’s motion which had sought to dismiss the complaint, pursuant to CPLR 3211 (a) (5), on the ground that the action is barred by the statute of limitations.

For the reasons stated in New Millennium Med. Imaging, P.C., as Assignee of Shomari Neysmith v GEICO (— Misc 3d —, 2022 NY Slip Op — [appeal No. 2020-96 K C], decided herewith), the order, insofar as appealed from, is affirmed.

ALIOTTA, P.J., GOLIA and BUGGS, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: September 23, 2022

Similar decisions