City Chiropractic, P.C. v. Auto One Ins. Co.

Appellate Terms of the Supreme Court of New York

City Chiropractic, P.C. v. Auto One Ins. Co.

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 18, 2018

Docket2018 NYSlipOp 50735(U)

StatusPublished

This text of City Chiropractic, P.C. v. Auto One Ins. Co. (City Chiropractic, P.C. v. Auto One Ins. Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City Chiropractic, P.C. v. Auto One Ins. Co., (N.Y. Ct. App. 2018).

Pincite

Opinion

City Chiropractic, P.C., as Assignee of Fatima Powell, Koran McDonald and Charles Henley, Respondent,

against

Auto One Insurance Company, Appellant.

Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum of counsel), for appellant. Zara Javakov, Esq., P.C. (Zara Javakov of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Ingrid Joseph, J.), entered March 20, 2015. The order denied defendant's motion to sever a cause of action seeking to recover upon a claim for services rendered to Fatima Powell from the remaining causes of action.

ORDERED that the order is affirmed, with $25 costs.

The complaint in this action by a provider to recover assigned first-party no-fault benefits seeks to recover for services that had been rendered to three assignors. Defendant moved, pursuant to CPLR 603, to sever the cause of action seeking to recover upon a claim for services rendered to Fatima Powell from the remaining causes of action, which sought to recover upon claims for services rendered to Koran McDonald and Charles Henley. Defendant's counsel asserted that the causes of action had arisen out of different accidents and that multiple defenses had been interposed in the answer. The Civil Court denied defendant's motion as premature, stating that defendant had failed to establish that the claims involved different questions of fact and law.

For the reasons stated in City Chiropractic, P.C., as Assignee of Victoria A. Lliguichuzhca et al. v Auto One Ins. Co. (__ Misc 3d ___, 2018 NY Slip Op _____ [appeal No. 2015-1618 K C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
May 18, 2018

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City Chiropractic, P.C., as Assignee of Fatima Powell, Koran McDonald and Charles Henley, Respondent,

against

Auto One Insurance Company, Appellant.

Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum of counsel), for appellant. Zara Javakov, Esq., P.C. (Zara Javakov of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Ingrid Joseph, J.), entered March 20, 2015. The order denied defendant's motion to sever a cause of action seeking to recover upon a claim for services rendered to Fatima Powell from the remaining causes of action.

ORDERED that the order is affirmed, with $25 costs.

The complaint in this action by a provider to recover assigned first-party no-fault benefits seeks to recover for services that had been rendered to three assignors. Defendant moved, pursuant to CPLR 603, to sever the cause of action seeking to recover upon a claim for services rendered to Fatima Powell from the remaining causes of action, which sought to recover upon claims for services rendered to Koran McDonald and Charles Henley. Defendant's counsel asserted that the causes of action had arisen out of different accidents and that multiple defenses had been interposed in the answer. The Civil Court denied defendant's motion as premature, stating that defendant had failed to establish that the claims involved different questions of fact and law.

For the reasons stated in City Chiropractic, P.C., as Assignee of Victoria A. Lliguichuzhca et al. v Auto One Ins. Co. (__ Misc 3d ___, 2018 NY Slip Op _____ [appeal No. 2015-1618 K C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
May 18, 2018

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Bluebook (online)

City Chiropractic, P.C. v. Auto One Ins. Co., Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-chiropractic-pc-v-auto-one-ins-co-nyappterm-2018.