Charles Deng Acupuncture, P.C. v. Zipcar

72 Misc. 3d 142(A), 2021 NY Slip Op 50846(U)

• Court: Appellate Terms of the Supreme Court of New York
• Decided: August 27, 2021
• Docket: 2019-1234 K C
• Status: Unpublished

Opinion

Charles Deng Acupuncture, P.C. v Zipcar (2021 NY Slip Op 50846(U)) [*1]

Charles Deng Acupuncture, P.C. v Zipcar

2021 NY Slip Op 50846(U) [72 Misc 3d 142(A)]

Decided on August 27, 2021

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on August 27, 2021

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

PRESENT: : THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, WAVNY TOUSSAINT, JJ
2019-1234 K C

Charles Deng Acupuncture, P.C., as Assignee of Gracia, Ronald, Respondent,

against

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.

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 with prejudice.

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.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 27, 2021