Unique Physical Rehab, PT, P.C. v. Global Liberty Ins. Co. of N.Y.

Appellate Terms of the Supreme Court of New York

Unique Physical Rehab, PT, P.C. v. Global Liberty Ins. Co. of N.Y.

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 8, 2019

Docket2019 NYSlipOp 50277(U)

StatusPublished

This text of Unique Physical Rehab, PT, P.C. v. Global Liberty Ins. Co. of N.Y. (Unique Physical Rehab, PT, P.C. v. Global Liberty Ins. Co. of N.Y.) 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

Unique Physical Rehab, PT, P.C. v. Global Liberty Ins. Co. of N.Y., (N.Y. Ct. App. 2019).

Pincite

Opinion

Unique Physical Rehab, PT, P.C., as Assignee of Victor Agnest, Eden Fremont, Edith Fuentes, Moise Lemon and Jean Princivil, Respondent,

against

Global Liberty Insurance Company of New York, Appellant.

Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum of counsel), for appellant. Petre and Zabokritsky, P.C., for respondent (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Kings County (Steven Z. Mostofsky, J.), entered August 17, 2016. The order, insofar as appealed from as limited by the brief, denied defendant's motion to sever the first cause of action seeking to recover upon a claim for services rendered to Victor Agnest from the remaining causes of action.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals, as limited by the brief, from so much of an order of the Civil Court as denied defendant's motion, which had sought, pursuant to CPLR 603, to sever the first cause of action seeking to recover upon a claim for services rendered to Victor Agnest from the remaining causes of action. Defendant's counsel asserted that the causes of action had arisen out of four accidents and that multiple defenses had been interposed in the answer. The Civil Court denied defendant's motion.

For the reasons stated in Himalayans Acupuncture, P.C., as Assignee of Davron Khuseynov, et al. v Global Liberty Ins. Co. of NY (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2016-2225 K C], decided herewith), the order, insofar as appealed from, is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: March 08, 2019

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Unique Physical Rehab, PT, P.C., as Assignee of Victor Agnest, Eden Fremont, Edith Fuentes, Moise Lemon and Jean Princivil, Respondent,

against

Global Liberty Insurance Company of New York, Appellant.

Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum of counsel), for appellant. Petre and Zabokritsky, P.C., for respondent (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Kings County (Steven Z. Mostofsky, J.), entered August 17, 2016. The order, insofar as appealed from as limited by the brief, denied defendant's motion to sever the first cause of action seeking to recover upon a claim for services rendered to Victor Agnest from the remaining causes of action.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals, as limited by the brief, from so much of an order of the Civil Court as denied defendant's motion, which had sought, pursuant to CPLR 603, to sever the first cause of action seeking to recover upon a claim for services rendered to Victor Agnest from the remaining causes of action. Defendant's counsel asserted that the causes of action had arisen out of four accidents and that multiple defenses had been interposed in the answer. The Civil Court denied defendant's motion.

For the reasons stated in Himalayans Acupuncture, P.C., as Assignee of Davron Khuseynov, et al. v Global Liberty Ins. Co. of NY (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2016-2225 K C], decided herewith), the order, insofar as appealed from, is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: March 08, 2019

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Bluebook (online)

Unique Physical Rehab, PT, P.C. v. Global Liberty Ins. Co. of N.Y., Counsel Stack Legal Research, https://law.counselstack.com/opinion/unique-physical-rehab-pt-pc-v-global-liberty-ins-co-of-ny-nyappterm-2019.