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Colin Clarke, M.D., P.C. v. Glob. Liberty Ins. Co.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Oct 18, 2019
65 Misc. 3d 141 (N.Y. App. Term 2019)

Opinion

2018-1630 K C

10-18-2019

Colin CLARKE, M.D., P.C., as Assignee of Shavkat Djalilov and Davron Khuseynov, Respondent, v. 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).


Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum of counsel), for appellant.

Petre and Zabokritsky, P.C., for respondent (no brief filed).

PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ

ORDERED that the order is reversed, with $30 costs, and defendant's motion to sever the first cause of action from the remaining cause of action is granted.

In this action by a provider to recover first-party no-fault benefits assigned to it by two assignors, defendant appeals from an order of the Civil Court which denied defendant's motion pursuant to CPLR 603 to sever the first cause of action seeking to recover upon a claim for services rendered to Shavkat Djalilov from the remaining causes of action.

The complaint alleges that the claims arose out of two separate accidents which occurred on two different dates. A review of the answer, denial of claim forms, and explanations of review pertaining to the claims at issue, reflects that the facts relating to each claim are likely to raise few, if any, common issues of fact (see Radiology Resource Network, P.C. v. Fireman's Fund Ins. Co. , 12 AD3d 185 [2004] ). As a result, defendant's motion to sever the first cause of action from the remaining cause of action should have been granted (see Maria Oca, M.D., P.C. v. MVAIC , 35 Misc 3d 134[A], 2012 NY Slip Op 50758[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2012] ).

Accordingly, the order is reversed and defendant's motion to sever the first cause of action from the remaining causes of action is granted.

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


Summaries of

Colin Clarke, M.D., P.C. v. Glob. Liberty Ins. Co.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Oct 18, 2019
65 Misc. 3d 141 (N.Y. App. Term 2019)
Case details for

Colin Clarke, M.D., P.C. v. Glob. Liberty Ins. Co.

Case Details

Full title:Colin Clarke, M.D., P.C., as Assignee of Shavkat Djalilov and Davron…

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

Date published: Oct 18, 2019

Citations

65 Misc. 3d 141 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 51708
119 N.Y.S.3d 376