August 14, 2020

Psychmetrics Med., P.C. v State Farm Mut. Ins. Co. (2020 NY Slip Op 50941(U))

Headnote

The court considered a case in which Psychmetrics Medical, as the assignee of Vera Morozova, appealed an order from the Civil Court of the City of New York that granted the defendant's motion to dismiss the complaint on the grounds of laches, based on the delay in prosecuting the action to recover assigned first-party no-fault benefits. The main issue was whether the delay in prosecuting the action constituted laches and justified the dismissal of the complaint. The court held that the order was reversed, the branch of the defendant's motion seeking to dismiss the complaint on the ground of laches was denied, and the matter was remitted to the Civil Court for a determination of the remaining branches of the defendant's motion. The decision was based on the reasoning in a previous case, Rockaway Med. & Diagnostic, P.C. v State Farm Mut. Ins. Co., and was decided by the three judges unanimously.

Reported in New York Official Reports at Psychmetrics Med., P.C. v State Farm Mut. Ins. Co. (2020 NY Slip Op 50941(U))

Psychmetrics Med., P.C. v State Farm Mut. Ins. Co. (2020 NY Slip Op 50941(U)) [*1]

Psychmetrics Med., P.C. v State Farm Mut. Ins. Co.

2020 NY Slip Op 50941(U) [68 Misc 3d 129(A)]

Decided on August 14, 2020

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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 14, 2020

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

PRESENT: : THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, WAVNY TOUSSAINT, JJ
2018-1951 Q C

Psychmetrics Medical, P.C., as Assignee of Vera Morozova, Appellant,
against
State Farm Mutual Insurance Co., Respondent.

Law Office of David O’Connor, LLC (David O’Connor of counsel), for appellant. Rivkin Radler, LLP (Stuart M. Bodoff of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Phillip Hom, J.), entered May 31, 2018. The order granted the branch of defendant’s motion seeking to dismiss the complaint on the ground of laches.

ORDERED that the order is reversed, without 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 branches of defendant’s motion.

Insofar as is relevant to the 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 and found that the remaining branches of the motion were moot.

For the reasons stated in 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]), the order 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 remaining branches of defendant’s motion.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 14, 2020