November 26, 2010

Pomona Med. Diagnostics, P.C. v Metropolitan Cas. Ins. Co. (2010 NY Slip Op 52039(U))

Headnote

The main issue in this case was whether the defendant, Metropolitan Casualty Ins. Co., could deny all no-fault claims arising from injuries sustained by the plaintiff's assignor, Jarrod Ward, in a May 21, 2008 motor vehicle accident. The court considered the judgment from a separate action in which the Supreme Court, Kings County, declared that the defendant may deny all no-fault claims arising from the injuries sustained by the plaintiff's assignor. Based on this judgment, the underlying actions commenced by the plaintiff's medical diagnostics company to recover first-party no-fault benefits for medical services rendered to Jarrod Ward for injuries sustained in the accident are barred under the doctrine of res judicata. The court ultimately held the defendant's motion for summary judgment dismissing the complaints and granted the judgment accordingly. The court found that the Supreme Court judgment is a conclusive final determination, even though it was entered on the default of the plaintiff, since res judicata applies to a judgment taken by default that has not been vacated.

Reported in New York Official Reports at Pomona Med. Diagnostics, P.C. v Metropolitan Cas. Ins. Co. (2010 NY Slip Op 52039(U))

Pomona Med. Diagnostics, P.C. v Metropolitan Cas. Ins. Co. (2010 NY Slip Op 52039(U)) [*1]

Pomona Med. Diagnostics, P.C. v Metropolitan Cas. Ins. Co.

2010 NY Slip Op 52039(U) [29 Misc 3d 138(A)]

Decided on November 26, 2010

Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 26, 2010

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Shulman, J.P., McKeon, Schoenfeld, JJ
570501/10.

Pomona Medical Diagnostics, P.C., a/a/o Jarrod Ward, Plaintiff-Respondent,
against
Metropolitan Casualty Ins. Co., Defendant-Appellant.

Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered April 15, 2010, which denied its motions for summary judgment dismissing the complaints.

Per Curiam.

Order (Fernando Tapia, J.), entered April 15, 2010, reversed, with $10 costs, defendant’s motions for summary judgment granted and the complaints dismissed. The Clerk is directed to enter judgement accordingly.

In a separate action commenced by defendant-insurer against various medical providers, including plaintiff herein, Supreme Court, Kings County (Richard Velasquez, J.), declared in a judgment resolving that action that defendant may deny all no-fault claims arising from injuries sustained by plaintiff’s assignor, Jarrod Ward, in a May 21, 2008 motor vehicle accident. Based upon this Supreme Court judgment, the underlying actions commenced by plaintiff to recover assigned, first-party no-fault benefits for medical services rendered to Jarrod Ward for injuries sustained in the May 21, 2008 accident are barred under the doctrine of res judicata (see SZ Med., P.C. v Erie Ins. Co., 24 Misc 3d 126[A], 2009 NY Slip Op 51221[U] [2009]). Notably, a different judgment in the underlying actions would destroy or impair rights established by the judgment rendered by Supreme Court, Kings County in the prior action (see Schuykill Fuel Corp. v Nieberg Realty Corp., 250 NY 304, 306-307 [1929]). Contrary to plaintiff’s claim, the Supreme Court judgment is a conclusive final determination, notwithstanding that it was entered on the default of plaintiff, since res judicata applies to a judgment taken by default that has not been vacated (see Trisingh Enters., Inc. v Kessler, 249 AD2d 45 [1998]; Robbins v Growney, 229 AD2d 356 [1996]). Therefore, Civil Court should have granted defendant’s motion for summary judgment dismissing the underlying actions.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 26, 2010