Opinion
2004-1023 QC.
Decided March 1, 2005.
Appeal by defendant from an order of the Civil Court, Queens County (H. Lane, J.), entered May 24, 2004, denying its motion to sever.
Order unanimously reversed without costs and defendant's motion to sever granted.
PRESENT: PESCE, P.J., PATTERSON and GOLIA, JJ.
Plaintiff commenced this action to recover no-fault benefits as assignee of ten assignors. The claims arose from nine separate accidents. Six causes of action were discontinued by stipulation, and defendant moved to sever the remaining four causes of action into two separate actions pursuant to CPLR 603, which motion the court below denied.
The order should be reversed for the reasons set forth in Metro Med. Diagnostics, PC v. Motor Veh. Acc. Indem. Corp. (___ Misc 3d ___, 2005 NY Slip Op ____ [No. 2004-1019 Q C, decided herewith]).