March 6, 2012

Sigma Psychological, P.C. v Chubb Indem. Ins. Co. (2012 NY Slip Op 50412(U))

Headnote

The case involved a provider's attempt to recover first-party no-fault benefits from an insurance company. The trial court had granted the insurance company's motion to vacate a notice of trial and dismiss the complaint, compelling the provider to respond to the insurance company's discovery demands. After the trial court's order, the complaint was dismissed. The appellate court decided that the dismissal of the complaint rendered the appeal academic, and therefore dismissed the appeal. The main issue decided in this case was the dismissal of the provider's complaint for first-party no-fault benefits and whether this rendered the appeal academic. The court held that the dismissal of the complaint did indeed render the appeal academic, and therefore dismissed the appeal. Holding: The appellate court held that the dismissal of the complaint rendered the appeal academic and therefore dismissed the appeal.

Reported in New York Official Reports at Sigma Psychological, P.C. v Chubb Indem. Ins. Co. (2012 NY Slip Op 50412(U))

Sigma Psychological, P.C. v Chubb Indem. Ins. Co. (2012 NY Slip Op 50412(U)) [*1]

Sigma Psychological, P.C. v Chubb Indem. Ins. Co.

2012 NY Slip Op 50412(U) [34 Misc 3d 156(A)]

Decided on March 6, 2012

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This opinion is uncorrected and will not be published in the printed Official Reports.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 6, 2012

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

PRESENT: : WESTON, J.P., RIOS and ALIOTTA, JJ
2010-567 K C.

Sigma Psychological, P.C. as Assignee of DMITRIY KESELMAN and JULIA KESELMAN, Appellant, – –
against
Chubb Indemnity Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Johnny Lee Baynes, J.), entered November 17, 2009. The order granted defendant’s motion to vacate a notice of trial and dismiss the complaint pursuant to CPLR 3126 to the extent of vacating the notice of trial and compelling plaintiff to respond to defendant’s discovery demands.

ORDERED that the appeal is dismissed as academic.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court entered November 17, 2009 which granted defendant’s motion to vacate a notice of trial and dismiss the complaint pursuant to CPLR 3126 to the extent of vacating the notice of trial and compelling plaintiff to respond to defendant’s discovery demands. Subsequent to the entry of the November 17, 2009 order, the Civil Court entered an order dismissing the complaint. The dismissal of the complaint renders this appeal academic (see Livny v Rotella, 305 AD2d 377 [2003]; Delta Diagnostic Radiology, P.C. v Allstate Ins. Co., 15 Misc 3d 131[A], 2007 NY Slip Op 50673[U] [App Term, 2d & 11th Jud Dists 2007]; Fair Price Med. Supply Corp. v ELRAC Inc., 13 Misc 3d 33 [App Term, 2d & 11th Jud Dists [*2]2006]).

Accordingly, the appeal is dismissed.

Weston, J.P., Rios and Aliotta, JJ., concur.
Decision Date: March 06, 2012