February 19, 2021

PDG Psychological, P.C. v State Farm Mut. Ins. Co. (2021 NY Slip Op 50134(U))

Headnote

The relevant facts of the case were that PDG Psychological, P.C. sought to recover assigned first-party no-fault benefits from State Farm Mutual Insurance Co. State Farm moved to dismiss the complaint on the ground of laches, arguing that PDG Psychological, P.C. had delayed in prosecuting the action. The Civil Court granted State Farm's motion, but PDG Psychological, P.C. appealed the decision. The main issue decided by the court was whether the delay in prosecuting the action constituted laches. The holding of the case was that the order granting State Farm's motion to dismiss the complaint on the ground of laches was reversed. The court denied the branch of the motion seeking dismissal on the ground of laches and remitted the matter to the Civil Court for a determination of the remaining branch of State Farm's motion. The court also referenced a previous case, V.S. Med. Servs., P.C. v State Farm Mut. Ins. Co., to support its decision.

Reported in New York Official Reports at PDG Psychological, P.C. v State Farm Mut. Ins. Co. (2021 NY Slip Op 50134(U))

PDG Psychological, P.C. v State Farm Mut. Ins. Co. (2021 NY Slip Op 50134(U)) [*1]

PDG Psychological, P.C. v State Farm Mut. Ins. Co.

2021 NY Slip Op 50134(U) [70 Misc 3d 141(A)]

Decided on February 19, 2021

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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 19, 2021

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

PRESENT: : THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, DAVID ELLIOT, JJ
2019-1370 Q C

PDG Psychological, P.C., as Assignee of Ismael Marte, Appellant,
against
State Farm Mutual Insurance Co., Respondent.

Law Office of David O’Connor, P.C. (David O’Connor of counsel), for appellant. Rivkin Radler, LLP (Stuart M. Bodoff and Cheryl F. Korman of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered October 16, 2018. The order, insofar as appealed from, granted the branch of defendant’s motion seeking to dismiss the complaint on the ground of laches.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, the branch of defendant’s motion seeking to dismiss the complaint on the ground of laches is denied, and the matter is remitted to the Civil Court for a determination of the remaining branch of defendant’s motion.

Insofar as is relevant to this appeal in this action by a provider to recover assigned first-party no-fault benefits, defendant moved to, among other things, dismiss the complaint on the ground of laches, based on plaintiff’s delay in prosecuting the action. The Civil Court granted this branch of defendant’s motion.

For the reasons stated in V.S. Med. Servs., P.C. v State Farm Mut. Ins. Co. (67 Misc 3d 142[A], 2020 NY Slip Op 50734[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020]), the order, insofar as appealed from, is reversed, the branch of defendant’s motion seeking to dismiss the complaint on the ground of laches is denied, and the matter is remitted to the Civil Court for a determination of the branch of defendant’s motion seeking to dismiss so much of the complaint as sought statutory no-fault interest (see Rockaway Med. & Diagnostic, P.C. v State Farm Mut. Ins. Co., 66 Misc 3d 147[A], 2020 NY Slip Op 50238[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020]).

ALIOTTA, P.J., WESTON and ELLIOT, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: February 19, 2021