March 8, 2019

Queens-Roosevelt Med. Rehabilitation, P.C. v Response Ins. Co. (2019 NY Slip Op 50610(U))

Headnote

The main issue in this case was whether the Civil Court properly denied defendant's motion to strike the complaint and dismiss the action pursuant to CPLR 3126 in an action by a provider to recover assigned first-party no-fault benefits. The relevant facts considered by the court were not explicitly stated in the provided text. The holding of the case was that the order denying defendant's motion was reversed, and defendant's motion to strike the complaint and dismiss the action pursuant to CPLR 3126 was granted. The decision was made by the Appellate Term, Second Department, and the case was decided on March 8, 2019.

Reported in New York Official Reports at Queens-Roosevelt Med. Rehabilitation, P.C. v Response Ins. Co. (2019 NY Slip Op 50610(U))

Queens-Roosevelt Med. Rehabilitation, P.C. v Response Ins. Co. (2019 NY Slip Op 50610(U)) [*1]

Queens-Roosevelt Med. Rehabilitation, P.C. v Response Ins. Co.

2019 NY Slip Op 50610(U) [63 Misc 3d 142(A)]

Decided on March 8, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 8, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ
2016-1012 Q C

Queens-Roosevelt Medical Rehabilitation, P.C., as Assignee of Maria Rodriguez, Respondent,
against
Response Insurance Company, Appellant.

Rubin, Fiorella & Friedman, LLP (Harlan R. Schreiber, Esq.), for appellant. Law Firm of Natalia Skvortsova, PLLC (Natalia Skvortsova and Pryanka Arora of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Sally E. Unger, J.), entered March 1, 2016. The order denied defendant’s motion to strike the complaint and dismiss the action pursuant to CPLR 3126.

ORDERED that the order is reversed, with $30 costs, and defendant’s motion to strike the complaint and dismiss the action pursuant to CPLR 3126 is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court denying defendant’s motion to strike the complaint and dismiss the action pursuant to CPLR 3126.

For the reasons stated in Queens-Roosevelt Med. Rehabilitation, P.C., as Assignee of Maria Rodriguez v Response Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op ____ [appeal No. 2016-1006 Q C], decided herewith), the order is reversed and defendant’s motion to strike the complaint and dismiss the action pursuant to CPLR 3126 is granted.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: March 08, 2019