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S & R Med., P.C. v. NYCTA-MABSTOA

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Nov 9, 2018
61 Misc. 3d 138 (N.Y. App. Term 2018)

Opinion

2015-1771 K C

11-09-2018

S & R MEDICAL, P.C., as Assignee of Hivit Rafailov, Respondent, v. NYCTA-MABSTOA, Appellant.

Foley, Smit, O'Boyle & Weisman (Aaron E. Meyer of counsel), for appellant. Fuld & Karp, P.C., for respondent (no brief filed).


Foley, Smit, O'Boyle & Weisman (Aaron E. Meyer of counsel), for appellant.

Fuld & Karp, P.C., for respondent (no brief filed).

PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ.

ORDERED that the order is reversed, with $30 costs, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. Defendant cross-moved for summary judgment dismissing the complaint on the ground that the action had been commenced after the expiration of the three-year limitation period of CPLR 214 (2), which, defendant contended, was applicable to self-insurers such as defendant. By order entered December 22, 2014, the Civil Court granted plaintiff's motion for summary judgment and denied defendant's cross motion.

As the action was not commenced until more than three years after the cause of action had accrued, the action was barred by the three-year statute of limitations set forth in CPLR 214 (2) (see Contact Chiropractic, P.C. v. New York City Tr. Auth. , 31 NY3d 187 [2018] ).

Accordingly, the order is reversed, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.

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


Summaries of

S & R Med., P.C. v. NYCTA-MABSTOA

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Nov 9, 2018
61 Misc. 3d 138 (N.Y. App. Term 2018)
Case details for

S & R Med., P.C. v. NYCTA-MABSTOA

Case Details

Full title:S & R Medical, P.C., as Assignee of Hivit Rafailov, Respondent, v…

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

Date published: Nov 9, 2018

Citations

61 Misc. 3d 138 (N.Y. App. Term 2018)
2018 N.Y. Slip Op. 51582
111 N.Y.S.3d 497

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