Opinion
2021-50842
08-27-2021
Island Life Chiropractic Pain Care, PLLC, as Assignee of Sumner, Emmanuel, Respondent, v. ZipCar, Appellant.
Rubin, Fiorella, Friedman & Mercante LLP (Deena Khalifa of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell and Richard Rozhik of counsel), for respondent.
Unpublished Opinion
Rubin, Fiorella, Friedman & Mercante LLP (Deena Khalifa of counsel), for appellant.
The Rybak Firm, PLLC (Damin J. Toell and Richard Rozhik of counsel), for respondent.
PRESENT: THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, WAVNY TOUSSAINT, JJ
Appeal from an order of the Civil Court of the City of New York, Kings County (Lorna J. McAllister, J.), entered January 24, 2019. The order granted plaintiff's motion to dismiss defendant's affirmative defenses.
ORDERED that the order is reversed, with $30 costs, and plaintiff's motion to dismiss defendant's affirmative defenses is denied.
In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court which granted plaintiff's motion, pursuant to CPLR 3211 (b), to dismiss defendant's affirmative defenses.
For the reasons stated in Island Life Chiropractic Pain Care, PLLC, as Assignee of Hutchinson, Aaron v ZipCar (___ Misc.3d ___, 2021 NY Slip Op ____ [appeal No. 2019-711 K C], decided herewith), the order is reversed and plaintiff's motion to dismiss defendant's affirmative defenses is denied. We reach no other issue.
ALIOTTA, P.J., ELLIOT and TOUSSAINT, JJ., concur.