December 13, 2019

Parisien v First Acceptance Ins. Co., Inc. (2019 NY Slip Op 52050(U))

Headnote

The court considered the matter of personal jurisdiction over an out-of-state defendant in a lawsuit to recover assigned first-party no-fault benefits. The main issue decided was whether the Civil Court had personal jurisdiction over the defendant insurance company. The holding of the case was that the defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (8) was granted, as the court lacked personal jurisdiction over the defendant. The decision was based on the earlier case of Domny Med. Servs., P.C., as Assignee of Garcia, Lionel v First Acceptance Ins. Co., Inc., which influenced the decision to reverse the previous order and grant the defendant's motion to dismiss the complaint.

Reported in New York Official Reports at Parisien v First Acceptance Ins. Co., Inc. (2019 NY Slip Op 52050(U))

Parisien v First Acceptance Ins. Co., Inc. (2019 NY Slip Op 52050(U)) [*1]

Parisien v First Acceptance Ins. Co., Inc.

2019 NY Slip Op 52050(U) [66 Misc 3d 129(A)]

Decided on December 13, 2019

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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 13, 2019

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : MICHAEL L. PESCE, P.J., DAVID ELLIOT, BERNICE D. SIEGAL, JJ
2018-1180 K C

Jules Francois Parisien, M.D., as Assignee of Bernabel, Arianny, Respondent,
against
First Acceptance Insurance Company, Inc., Appellant.

Galvano & Xanthakis, P.C. (Steven F. Granville of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell and Karina Barska of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Cenceria P. Edwards, J.), entered March 14, 2018. The order, insofar as appealed from, denied defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (8), or for alternative relief.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (8) is granted.

Plaintiff commenced this action to recover assigned first-party no-fault benefits by mailing a copy of the summons and complaint to the out-of-state defendant insurance company pursuant to CPLR 312-a. Insofar as is relevant to this appeal, defendant moved, pre-answer, to dismiss the complaint pursuant to, among other things, CPLR 3211 (a) (8), on the ground that the Civil Court lacked personal jurisdiction over defendant. By order entered March 14, 2018, the Civil Court, among other things, denied defendant’s motion.

For the reasons stated in Domny Med. Servs., P.C., as Assignee of Garcia, Lionel v First Acceptance Ins. Co., Inc. ( Misc 3d , 2019 NY Slip Op [appeal No. 2018-1104 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (8) is granted.

PESCE, P.J., ELLIOT and SIEGAL, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: December 13, 2019