Opinion
2017-2023 K C
10-18-2019
COMPAS MEDICAL, P.C., as Assignee of Weste, Catherine, Appellant, v. MVAIC, Respondent.
The Rybak Firm, PLLC (Damin J. Toell of counsel), for Appellant. Marshall & Marshall, PLLC (Barbara Carabell of counsel), for Respondent.
The Rybak Firm, PLLC (Damin J. Toell of counsel), for Appellant.
Marshall & Marshall, PLLC (Barbara Carabell of counsel), for Respondent.
PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ
ORDERED that the order is affirmed, with $25 costs.
In this action by a provider to recover assigned first-party no-fault benefits, defendant Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) moved for summary judgment dismissing the complaint on the ground, among others, that the action had been commenced after the statute of limitations had expired, and plaintiff cross-moved for summary judgment. The Civil Court granted defendant's motion and denied plaintiff's cross motion.
MVAIC's motion papers established, prima facie, that the action had been commenced after the expiration of the three-year statute of limitations (see Kings Highway Diagnostic Imaging, P.C. v. MVAIC , 19 Misc. 3d 69 [App. Term, 2d Dept., 2d & 11th Jud. Dists 2008]; see also 6D Farm Corp. v. Carr , 63 AD3d 903 [2009] ; Island ADC, Inc. v. Baldassano Architectural Group, P.C. , 49 AD3d 815 [2008] ). In opposition, plaintiff failed to raise an issue of fact as to the action's timeliness (see New York Hosp. Med. Ctr. of Queens v. Motor Veh. Acc. Indem. Corp. , 12 AD3d 429 [2004] ; Precision Radiology Servs., P.C. v. MVAIC , 34 Misc. 3d 126[A], 2011 NY Slip Op. 52274[U] [App Term, 2d Dept., 2d, 11th & 13th Jud Dists 2011] ). We reach no other issue.
Accordingly, the order is affirmed.
PESCE, P.J., ALIOTTA and SIEGAL, JJ., concur.