NEW MILLENNIUM MEDICAL IMAGING v. GEICO (2022)

Supreme Court, Appellate Term, New York,

NEW MILLENNIUM MEDICAL IMAGING, P.C., as Assignee of Everald Danne, Respondent, v. GEICO, Appellant.

2020-155 K C

Decided: September 23, 2022

PRESENT: THOMAS P. ALIOTTA, P.J., DONNA-MARIE E. GOLIA, CHEREÉ A. BUGGS, JJ.

Law Office of Goldstein, Flecker & Hopkins (Lawrence J. Chanice of counsel), for appellant. Law Office of Damin J. Toell, P.C. (Damin J. Toell of counsel), for respondent.

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 its notice of appeal, from so much of an order of the Civil Court as denied defendant's motion which had sought to dismiss the complaint, pursuant to CPLR 3211 (a) (5), on the ground that the action is barred by the statute of limitations.

For the reasons stated in New Millennium Med. Imaging, P.C., as Assignee of Shomari Neysmith v GEICO (––– Misc 3d ––––, 2022 NY Slip Op –––– [appeal No. 2020-96 K C], decided herewith), the order, insofar as appealed from, is affirmed.

ALIOTTA, P.J., GOLIA and BUGGS, JJ., concur.

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