Opinion
2004-1019 QC.
Decided March 1, 2005.
Appeal by defendant from an order of the Civil Court, Queens County (H. Lane, J.), entered May 24, 2004, denying its motion to sever.
Order unanimously reversed without costs and defendant's motion to sever granted.
PRESENT: PESCE, P.J., PATTERSON and GOLIA, JJ.
Plaintiff commenced this action to recover no-fault benefits as assignee of three assignors. The claims arose out of three separate accidents. Defendant moved to sever the six causes of action in the complaint into three separate actions pursuant to CPLR 603, which motion the court below denied by order entered May 24, 2004.
In light of the recent trend in cases involving the severance of no-fault causes of action under similar circumstances, we find that the particular facts herein relating to each claim are likely to raise few, if any, common issues of law or fact, even if the assignors' insurance policies are identical ( see Radiology Resource Network, PC v. Fireman's Fund Ins. Co., 12 AD3d 185). Defendant's answer clearly places at issue, inter alia, the necessity and reasonableness of the rendered medical services and the sufficiency of the no-fault forms that have been submitted. We note that the lower court's decision was rendered prior to the Appellate Division's decision in Radiology Resource Network, PC ( id.).