RICHARD DENISE v. NEW YORK CITY TRANSIT AUTHORITY (2009)

Order (Francis M. Alessandro, J.), dated May 7, 2007, reversed, without costs, motion denied and complaint reinstated.

Defendant New York City Transit Authority concedes that as a self-insurer, it is subject to the provisions of the no-fault law to the same extent as an insurer (see Insurance Law § 5103[a]; Vehicle and Traffic Law § 321 [2]; Public Authorities Law § 1215; Dermatossian v. New York City Tr. Auth., 67 N.Y.2d 219, 501 N.Y.S.2d 784, 492 N.E.2d 1200 [1986] ), and that actions to recover no-fault benefits are generally governed by a six-year statute of limitations (see CPLR 213[2]; Matter of Travelers Indem. Co. of Conn. v. Glenwood Med., P.C., 48 A.D.3d 319, 853 N.Y.S.2d 26 [2008] ). It argues, however, that while an injured claimant has six years to assert a no-fault claim against an insured owner, a claimant must assert an identical claim against a self-insurer within three years, since the liability of a self-insurer for the payment of no-fault benefits is derived strictly from statute. We disagree.

Defendant's responsibility to provide no-fault coverage is mandatory and the obligation is not decreased merely because defendant is self-insured (see Matter of Allstate Ins. Co. v. Shaw, 52 N.Y.2d 818, 820, 436 N.Y.S.2d 873, 418 N.E.2d 388 [1980] ). As in the case of an uninsured motorist claim (see Matter of ELRAC v. Suero, 38 A.D.3d 544, 831 N.Y.S.2d 475 [2007], lv. denied 9 N.Y.3d 811, 846 N.Y.S.2d 601, 877 N.E.2d 651 [2007] ), the right to obtain no-fault coverage, from an injured claimant's perspective, “is no less than the corresponding right under a policy issued by an insurer” (id. at 545, 831 N.Y.S.2d 475; see also Spring World Acupuncture, PC v. New York City Tr. Auth., 24 Misc.3d 39, --- N.Y.S.2d ---- [2009] ). The Suero court held that although a claim for uninsured motorist benefits against a self-insurer is statutorily mandated, such a claim remains contractual in nature and thus, is subject to a six-year statute of limitations. Since we find no basis in law or compelling reasons of policy to distinguish between the right to uninsured motorist benefits and the right to no-fault benefits, we hold that a claim for no-fault benefits against a self-insurer, such as defendant here, is governed by a six-year statute of limitations.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

PER CURIAM.