Opinion
2018-1954 Q C
08-14-2020
A.M. MEDICAL SERVICES, P.C., as Assignee of Tatyana Rytchagova, Appellant, v. STATE FARM MUTUAL INSURANCE CO., Respondent.
Law Office of David O'Connor, LLC (David O'Connor of counsel), for appellant. Rivkin Radler, LLP (Stuart M. Bodoff of counsel), for respondent.
Law Office of David O'Connor, LLC (David O'Connor of counsel), for appellant.
Rivkin Radler, LLP (Stuart M. Bodoff of counsel), for respondent.
PRESENT: THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, WAVNY TOUSSAINT, JJ
ORDERED that the order is reversed, without costs, the branch of defendant's motion seeking to dismiss the complaint on the ground of laches is denied, and the matter is remitted to the Civil Court for a determination of the remaining branches of defendant's motion.
Insofar as is relevant to the appeal in this action by a provider to recover assigned first-party no-fault benefits, defendant moved to, among other things, dismiss the complaint on the ground of laches, based on plaintiff's delay in prosecuting the action. The Civil Court granted this branch of defendant's motion and found that the remaining branches of the motion were moot.
For the reasons stated in Rockaway Med. & Diagnostic, P.C. v. State Farm Mut. Ins. Co. (66 Misc 3d 147[A], 2020 NY Slip Op 50238[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020] ), the order is reversed, the branch of defendant's motion seeking to dismiss the complaint on the ground of laches is denied, and the matter is remitted to the Civil Court for a determination of the remaining branches of defendant's motion.
ALIOTTA, P.J., WESTON and TOUSSAINT, JJ., concur.