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Compas Med., P.C. v. MVAIC

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Oct 18, 2019
65 Misc. 3d 138 (N.Y. App. Term 2019)

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.


Summaries of

Compas Med., P.C. v. MVAIC

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Oct 18, 2019
65 Misc. 3d 138 (N.Y. App. Term 2019)
Case details for

Compas Med., P.C. v. MVAIC

Case Details

Full title:Compas Medical, P.C., as Assignee of Weste, Catherine, Appellant, v…

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

Date published: Oct 18, 2019

Citations

65 Misc. 3d 138 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 51687
119 N.Y.S.3d 374