M.H.Z. Physical Therapy, P.C. v. MVAIC

Appellate Terms of the Supreme Court of New York

M.H.Z. Physical Therapy, P.C. v. MVAIC

CourtAppellate Terms of the Supreme Court of New York

DecidedAugust 2, 2019

Docket2019 NYSlipOp 51248(U)

StatusPublished

This text of M.H.Z. Physical Therapy, P.C. v. MVAIC (M.H.Z. Physical Therapy, P.C. v. MVAIC) 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

M.H.Z. Physical Therapy, P.C. v. MVAIC, (N.Y. Ct. App. 2019).

Pincite

Opinion

M.H.Z. Physical Therapy, P.C., as Assignee of Augustine, Gregory, Respondent,

against

MVAIC, Appellant.

Marshall & Marshall, PLLC (Barbara Carabell of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Steven Z. Mostofsky, J.), entered August 19, 2016, deemed from a judgment of that court entered September 8, 2016 (see CPLR 5501 [c]). The judgment, entered pursuant to the August 19, 2016 order denying defendant's motion for summary judgment dismissing the complaint and granting plaintiff's cross motion for summary judgment, awarded plaintiff the principal sum of $147.62.

ORDERED that the judgment is reversed, with $30 costs, the order entered August 19, 2016 is vacated, defendant's motion for summary judgment dismissing the complaint is granted, and plaintiff's cross motion for summary judgment is denied.

In this action by a provider to recover assigned first-party no-fault benefits, defendant Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) moved for summary judgment dismissing the complaint on the ground, among others, that the action had been commenced after the statute of limitations had expired and plaintiff cross-moved for summary judgment. The Civil Court denied defendant's motion and granted plaintiff's cross motion.

For the reasons stated in Compas, as Assignee of Vital, Joseph Emmanuel v MVAIC (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-387 K C], decided herewith), the judgment is reversed, the order entered August 19, 2016 is vacated, defendant's motion for [*2]summary judgment dismissing the complaint is granted, and plaintiff's cross motion for summary judgment is denied.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 02, 2019

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