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March 5, 2024

Primavera Physical Therapy, P.C. v State Farm Ins. Co. (2024 NY Slip Op 50276(U))

https://www.beynensonlaw.com/case-law/primavera-physical-therapy-p-c-v-state-farm-ins-co-2024-ny-slip-op-50276u/

Court
Civil Court of the City of New York, Kings County
Judge
Roper, J.
Decided
March 5, 2024
Citation
2024 NY Slip Op 50276(U)
Posture
Summary judgment
Outcome
Insurer prevailed
Later treatment
Followed in 1 later decision (see Cited by)
Issues
Declaratory judgment, res judicata
Legal questions
Effect of insurer's declaratory judgment (see the maps)
Cite as
Primavera Physical Therapy, P.C. v State Farm Ins. Co., 2024 NY Slip Op 50276(U) (Civ Ct, Kings County 2024)

Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.

Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

The provider's action was barred by a default declaratory judgment denying coverage for the same accident. The Civil Court, Kings County, took judicial notice of a Supreme Court, Nassau County, judgment declaring that the provider had no right to no-fault payment because the loss was intentional and the accident staged. Finding identical parties and the same accident, the court applied res judicata and collateral estoppel despite the judgment's omission of a specific claim number. It rejected the provider's request for an adjournment based on alleged procedural untimeliness and prejudice by ambush. The insurer's cross motion under CPLR 3211 (a) (5) and 3212 was granted, dismissing the complaint; the provider's CPLR 3124 discovery motion was deemed moot.

Reported in New York Official Reports at Primavera Physical Therapy, P.C. v State Farm Ins. Co. (2024 NY Slip Op 50276(U))

[*1]
Primavera Physical Therapy, P.C. v State Farm Ins. Co.
2024 NY Slip Op 50276(U)
Decided on March 5, 2024
Civil Court Of The City Of New York, Kings County
Roper, J.
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This opinion is uncorrected and will not be published in the printed Official Reports.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 5, 2024
Civil Court of the City of New York, Kings County


Primavera Physical Therapy, P.C., As Assignee of Alejandro, Luis, Plaintiff(s),

against

State Farm Insurance Company, Defendant(s).




Index No. 753048/18



The Rybak Firm PLLC., New York, for Plaintiff

McDonnell Adels & Klestzick PLLC, New York, for Defendant Sandra E. Roper, J.

Recitation, as required by CPLR §2219(a) of the papers considered in review of this Motion:


Papers
Notice of Motion and Affidavits Annexed 1-2
Answering Affidavits
Replying Affidavits
Exhibits
Other

Upon the foregoing cited papers after oral arguments made on the record, the Decision and Order for Plaintiff’s motion to compel discovery pursuant to CPLR 3124 is hereby deemed MOOT, and Defendant’s Cross-Motion to dismiss and for summary judgment pursuant to CPLR 3211(a)(5) and 3212 is hereby GRANTED as follows:

This Court dismisses Plaintiff’s complaint as the instant action is barred under the doctrines of res judicata and collateral estoppel by Declaratory Judgment granted on default in the Supreme Court, County of Nassau, by The Honorable R. Bruce Cozzens, Jr., State Farm Fire and Casualty Insurance Company v. Luis Alejandro, et. al., under Index No. 615595/18. This Court takes judicial notice of this Declaratory Judgment which declared, inter alia, Plaintiff/Provider has no right to payment for No-Fault claims for the underlying accident of September 5, 2017, as the underlying loss was an intentional act, staged accident, for which there is no coverage. There are identical parties and date of accident with this instant matter. It is of no moment that there is no specific claim number included in the DJ, as Plaintiff/Provider argues as a dispositive omission. Further, Plaintiff/Provider’s argument of prejudice by ambush of the untimeliness of the DJ as procedurally improper is not compelling and thereby rejected for the [*2]purposes of Plaintiff’s application for an adjournment. Plaintiff/Provider and individual EIP/assignor had full, ample, and unfettered opportunity to engage in the defense in the DJ action but chose not to so do and therefore may not do so in this forum, which is a court of limited jurisdiction that does not sit as a Court of Equity. This Court is mandated and shall take judicial notice Sua Sponte of any DJ actions duly entered in courts of superior jurisdiction, as is herein, that may be attendant or relevant to the instant action before it, from any source during its deliberation, whether neither party brings it to This Court’s attention. For the foregoing reasons, this case is dismissed pursuant to the Doctrines of Res Judicata and Collateral Estoppel.

This constitutes the Decision and Order of This Court.

Dated: March 5, 2024
Brooklyn, New York
Judge Sandra Elena Roper, Civil Court

Legal questions

A question of no-fault law this decision rules on, from our Legal Questions pages. Bars count the decisions on the question by year and court, coloured by category; circles are this decision and the decisions on the question it cites or that cite it. Point at a bar or circle for details. The categories and summaries are Beynenson Law’s classification, made by a language model and checked by a second reading.

Effect of insurer's declaratory judgment

Open the full map

Does an insurer’s no-coverage declaratory judgment, or pending declaratory action, bar or stay a no-fault claimant’s action?

This decision: The DJ is given preclusive effect and bars every claim in the action that the court considered

Dismissed the provider's action under res judicata and collateral estoppel because a default Supreme Court declaratory judgment covering the same parties and accident declared no right to payment, despite the absence of a claim number.

  • Appellate DivisionApp Div 4
  • Appellate TermApp Term 132
  • Trial courtsTrial 27
2021, Appellate Division: 1 decision (1 Stayed pending DJ)2016, Appellate Division: 1 decision (1 Stayed pending DJ)2015, Appellate Division: 1 decision (1 Stay denied)2025, Appellate Division: 1 decision (1 Barred by DJ)2023, Appellate Term: 7 decisions (5 Barred by DJ, 1 Not bound: parties, 1 DJ does not reach)2022, Appellate Term: 11 decisions (9 Barred by DJ, 1 DJ does not reach, 1 Stay denied)2021, Appellate Term: 11 decisions (8 Barred by DJ, 2 Not bound: parties, 1 DJ does not reach)2020, Appellate Term: 12 decisions (9 Barred by DJ, 1 Not bound: parties, 2 DJ does not reach)2019, Appellate Term: 15 decisions (7 Barred by DJ, 3 Not bound: parties, 1 DJ does not reach, 4 Stay denied)2018, Appellate Term: 11 decisions (7 Barred by DJ, 2 Not bound: parties, 2 DJ does not reach)2017, Appellate Term: 5 decisions (3 Barred by DJ, 2 DJ does not reach)2016, Appellate Term: 15 decisions (13 Barred by DJ, 1 Not bound: parties, 1 DJ does not reach)2015, Appellate Term: 14 decisions (11 Barred by DJ, 1 Not bound: parties, 2 DJ does not reach)2014, Appellate Term: 4 decisions (4 Barred by DJ)2013, Appellate Term: 3 decisions (1 Barred by DJ, 1 DJ does not reach, 1 Stayed pending DJ)2012, Appellate Term: 3 decisions (2 Barred by DJ, 1 Not bound: parties)2011, Appellate Term: 2 decisions (1 Barred by DJ, 1 DJ does not reach)2010, Appellate Term: 2 decisions (1 Not bound: parties, 1 Stayed pending DJ)2009, Appellate Term: 1 decision (1 Barred by DJ)2008, Appellate Term: 1 decision (1 Not bound: parties)2024, Appellate Term: 3 decisions (1 Not bound: parties, 2 DJ does not reach)2025, Appellate Term: 11 decisions (1 Barred by DJ, 1 Barred in part, 1 Not bound: parties, 8 DJ does not reach)2026, Appellate Term: 1 decision (1 Not bound: parties)2023, Trial courts: 1 decision (1 DJ does not reach)2022, Trial courts: 3 decisions (2 Barred by DJ, 1 Not bound: parties)2021, Trial courts: 4 decisions (4 Barred by DJ)2020, Trial courts: 1 decision (1 Barred by DJ)2019, Trial courts: 1 decision (1 Barred by DJ)2018, Trial courts: 1 decision (1 Barred by DJ)2013, Trial courts: 2 decisions (2 Barred by DJ)2011, Trial courts: 2 decisions (1 Barred by DJ, 1 Stayed pending DJ)2009, Trial courts: 1 decision (1 Stayed pending DJ)2008, Trial courts: 1 decision (1 Not bound: parties)2007, Trial courts: 2 decisions (1 Barred by DJ, 1 Stayed pending DJ)2006, Trial courts: 1 decision (1 Not bound: parties)2024, Trial courts: 2 decisions (1 Barred by DJ, 1 DJ does not reach)2026, Trial courts: 4 decisions (3 Barred by DJ, 1 Stay denied)2012, Trial courts: 1 decision (1 Stay denied)This decision
2010201520202025
Barred by DJBarred in partNot bound: partiesDJ does not reachStayed pending DJStay deniedThis decisionCites it or cited by itCited or followed

Of the 163 decisions on this question in the Second Department courts and the Court of Appeals, 100 (this one included) are in the same category.

Cited by

A label shows how the later decision treated this one.

  • Prompt Med. Supply Inc v Metropolitan Gen. Ins Co. (2024 NY Slip Op 50654(U)) FollowedThe insurer's dismissal request based on a New Jersey default coverage judgment was denied because the provider never appeared there.
  • UGP Acupuncture, P.C. v Progressive N. Ins. Co. (2024 NY Slip Op 50814(U))The provider's motion to substitute a different insurer was moot because a settlement and discontinuance had disposed of the action.

Similar decisions

  • CuraHealth Specialty Pharm. Corp v State Farm Ins. Co. (2026 NY Slip Op 50852(U))The insurer established a founded belief that the collision was intentionally caused, and the provider failed to raise a triable issue.
  • Dos Manos Chiropractic, P.C. v State Farm Ins. Co. (2022 NY Slip Op 50995(U))An unvacated default declaratory judgment precludes a provider's benefits action involving the same parties and accident under res judicata.
  • Sutter Pharmacy v State Farm Mut. Auto. Ins. Co. (2021 NY Slip Op 50610(U))The insurer's late, successive summary judgment motion was granted based on a subsequent declaratory judgment barring coverage.
  • Altercare Acupuncture, P.C. v Utica Mut. Ins. Co. (2011 NY Slip Op 51639(U))An unvacated default declaratory judgment of no coverage bars the served provider's benefits action under res judicata.
  • Triborough Psychiatric v State Farm Mut. Ins. Co. (2021 NY Slip Op 50084(U))The provider's claim was not barred by collateral estoppel because the declaratory judgment was entered on default and privity was absent.
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