January 14, 2013

Y & W Acupuncture PLLC v Chubb Indem. Ins. Co. (2013 NY Slip Op 50070(U))

Headnote

The court was considering an appeal from an order granting a motion to dismiss the complaint of a provider seeking to recover assigned first-party no-fault benefits. The order compelled the plaintiff to respond to the defendant's discovery demands. Subsequent to this order, the Civil Court entered another order dismissing the complaint, which made the appeal academic. The main issue of the case was whether the dismissal of the complaint made the appeal moot. The holding of the court was that the dismissal of the complaint rendered the appeal academic, and therefore, the appeal was dismissed.

Reported in New York Official Reports at Y & W Acupuncture PLLC v Chubb Indem. Ins. Co. (2013 NY Slip Op 50070(U))

Y & W Acupuncture PLLC v Chubb Indem. Ins. Co. (2013 NY Slip Op 50070(U)) [*1]

Y & W Acupuncture PLLC v Chubb Indem. Ins. Co.

2013 NY Slip Op 50070(U) [38 Misc 3d 134]

Decided on January 14, 2013

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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 14, 2013

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

PRESENT: : PESCE, P.J., WESTON and ALIOTTA, JJ
2011-591 K C.

Y & W Acupuncture PLLC as Assignee of MARK HANNA, Appellant, —
against
Chubb Indemnity Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Alan Lebowitz, J.H.O.), entered June 14, 2010. The order granted defendant’s motion to dismiss the complaint pursuant to CPLR 3126 to the extent of compelling plaintiff to respond to defendant’s discovery demands.

ORDERED that the appeal is dismissed.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court entered June 14, 2010. The order granted defendant’s motion to dismiss the complaint pursuant to CPLR 3126 to the extent of compelling plaintiff to respond to defendant’s discovery demands. Subsequent to the entry of the June 14, 2010 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 2006]), and the appeal is, accordingly, dismissed.

Pesce, P.J., Weston and Aliotta, JJ., concur.
Decision Date: January 14, 2013