March 8, 2019

Unique Physical Rehab, PT, P.C. v Global Liberty Ins. Co. of N.Y. (2019 NY Slip Op 50277(U))

https://www.beynensonlaw.com/case-law/unique-physical-rehab-pt-p-c-v-global-liberty-ins-co-of-n-y-2019-ny-slip-op50277u/

Court: Appellate Term, Second Department
Decided: March 8, 2019
Citation: 2019 NY Slip Op 50277(U) · 62 Misc 3d 150(A)
Posture: Other motion
Outcome: Provider prevailed
Issues: Discovery and procedure

Cite as

Unique Physical Rehab, PT, P.C. v Global Liberty Ins. Co. of N.Y., 62 Misc 3d 150(A), 2019 NY Slip Op 50277(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019)

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 denial of the insurer's CPLR 603 motion to sever the first no-fault cause of action from the remaining causes was affirmed on appeal. The Appellate Term, Second Department, affirmed the order, insofar as appealed from, for the reasons stated in Himalayans Acupuncture, P.C. v Global Liberty Ins. Co. of NY, the companion appeal decided the same day, No. 2016-2225 K C.

Reported in New York Official Reports at Unique Physical Rehab, PT, P.C. v Global Liberty Ins. Co. of N.Y. (2019 NY Slip Op 50277(U))

[*1]

Unique Physical Rehab, PT, P.C. v Global Liberty Ins. Co. of N.Y.

2019 NY Slip Op 50277(U) [62 Misc 3d 150(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This opinion is uncorrected and will not be published in the printed Official Reports.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., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ
2016-2226 K C

Unique Physical Rehab, PT, P.C., as Assignee of Victor Agnest, Eden Fremont, Edith Fuentes, Moise Lemon and Jean Princivil, Respondent,
against
Global Liberty Insurance Company of New York, Appellant.

Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum of counsel), for appellant. Petre and Zabokritsky, P.C., for respondent (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Kings County (Steven Z. Mostofsky, J.), entered August 17, 2016. The order, insofar as appealed from as limited by the brief, denied defendant’s motion to sever the first cause of action seeking to recover upon a claim for services rendered to Victor Agnest from the remaining causes of action.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals, as limited by the brief, from so much of an order of the Civil Court as denied defendant’s motion, which had sought, pursuant to CPLR 603, to sever the first cause of action seeking to recover upon a claim for services rendered to Victor Agnest from the remaining causes of action. Defendant’s counsel asserted that the causes of action had arisen out of four accidents and that multiple defenses had been interposed in the answer. The Civil Court denied defendant’s motion.

For the reasons stated in Himalayans Acupuncture, P.C., as Assignee of Davron Khuseynov, et al. v Global Liberty Ins. Co. of NY (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2016-2225 K C], decided herewith), the order, insofar as appealed from, is affirmed.

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

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

Similar decisions

Unique Physical Therapy, PT, P.C. v Global Liberty Ins. Co. of N.Y. (2021 NY Slip Op 50323(U))No-fault claims arising from separate accidents do not alone warrant severance under CPLR 603.
New York Infinity Health Care, LCSW, P.C. v Global Liberty Ins. Co. of N.Y. (2019 NY Slip Op 50278(U))The insurer's motion under CPLR 603 to sever the first no-fault cause of action from the remaining causes of action was denied and affirmed on appeal.
Himalayans Acupuncture, P.C. v Global Liberty Ins. Co. of N.Y. (2019 NY Slip Op 50276(U))Separate accidents and multiple pleaded defenses did not establish that the provider's claims required severance.
Chiropractic Longevity, P.C. v Global Liberty Ins. Co. of N.Y. (2019 NY Slip Op 51974(U))The insurer's severance argument was moot because it presented no argument against summary judgment on the cause of action it sought to sever.
Arcadia Acupuncture, P.C. v Global Liberty Ins. Co. of N.Y. (2019 NY Slip Op 51707(U))The insurer's severance motion was granted because separate accident claims were likely to raise few, if any, common factual issues.