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GC Chiropractic, P.C. v. Am. Indep. Ins. Co.

Supreme Court, Appellate Term, New York, Second Dept., 2, 11, 13 Jud. Dist.
Dec 10, 2021
73 Misc. 3d 142 (N.Y. App. Term 2021)

Opinion

2018-2009 K C

12-10-2021

GC CHIROPRACTIC, P.C., as Assignee of Monroe, Andrew, Respondent, v. AMERICAN INDEPENDENT INS. CO., American Independent Insurance Companies, Inc. and Good2Go Auto Insurance, Defendants, and Omni Indemnity Company, Appellant.

Freiberg, Peck & Kang, LLP (Yilo J. Kang of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.


Freiberg, Peck & Kang, LLP (Yilo J. Kang of counsel), for appellant.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.

PRESENT: THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, DONNA-MARIE E. GOLIA, JJ.

ORDERED that the appeal is dismissed.

In this action by a provider to recover assigned first-party no-fault benefits, the Civil Court denied a motion by defendant American Independent Ins. Co., Inc. (AIIC) which had sought to dismiss the complaint insofar as asserted against it on the ground that plaintiff had failed to obtain personal jurisdiction over it. Plaintiff cross-moved, among other things, for "an order pursuant to ... CPLR 3212 (a) denying [AIIC's] Motion for Summary Judgment." By order entered September 18, 2018, the Civil Court denied AIIC's motion and plaintiff's cross motion. Defendant Omni Indemnity Company appeals from each and every part of the order.

Defendant Omni Indemnity Company is not aggrieved by so much of the order as denied the motion by AIIC which sought to dismiss the complaint insofar as asserted against it (see CPLR 5511 ; Rinaldi v Evenflo Co., Inc. , 62 AD3d 856 [2009] ). Nor is defendant Omni Indemnity Company aggrieved by so much of the order as denied the cross motion by plaintiff and held that a triable issue of fact existed as to whether AIIC did business in the State of New York (see CPLR 5511 ).

Accordingly, the appeal is dismissed.

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


Summaries of

GC Chiropractic, P.C. v. Am. Indep. Ins. Co.

Supreme Court, Appellate Term, New York, Second Dept., 2, 11, 13 Jud. Dist.
Dec 10, 2021
73 Misc. 3d 142 (N.Y. App. Term 2021)
Case details for

GC Chiropractic, P.C. v. Am. Indep. Ins. Co.

Case Details

Full title:GC CHIROPRACTIC, P.C., as Assignee of Monroe, Andrew, Respondent, v…

Court:Supreme Court, Appellate Term, New York, Second Dept., 2, 11, 13 Jud. Dist.

Date published: Dec 10, 2021

Citations

73 Misc. 3d 142 (N.Y. App. Term 2021)
157 N.Y.S.3d 228