MEDICAL SERVICES v. STATE FARM MUTUAL INSURANCE CO (2020)

Supreme Court, Appellate Term, New York,

V.S. MEDICAL SERVICES, P.C., as Assignee of Cesar Rodriquez, Appellant, v. STATE FARM MUTUAL INSURANCE CO., Respondent.

2018-1946 Q C

Decided: March 13, 2020

PRESENT: : MICHELLE WESTON, J.P., DAVID ELLIOT, BERNICE D. SIEGAL, JJ

Law Office of David O'Connor, LLC (David O'Connor of counsel), for appellant. Rivkin Radler, LLP (Stuart M. Bodoff and J'naia Boyd of counsel), for respondent.

ORDERED that the order is reversed, without costs, the branch of defendant's motion seeking to dismiss the complaint on the ground of laches is denied, and the matter is remitted to the Civil Court for a determination of the remaining branches of defendant's motion.

Insofar as is relevant to this appeal in this action by a provider to recover assigned first-party no-fault benefits, defendant moved to, among other things, dismiss the complaint on the ground of laches, based on plaintiff's delay in prosecuting the action. The Civil Court granted this branch of defendant's motion and found that the remaining branches of the motion were moot.

For the reasons stated in Rockaway Med. & Diagnostic, P.C., as Assignee of Ramon Ortiz v. State Farm Mut. Ins. Co. (––– Misc 3d ––––, 2020 NY Slip Op –––– [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020] ), the order is reversed, the branch of defendant's motion seeking to dismiss the complaint on the ground of laches is denied, and the matter is remitted to the Civil Court for a determination of the remaining branches of defendant's motion.

WESTON, J.P., ELLIOT and SIEGAL, JJ., concur.

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