HEALING TOUCH REHAB v. MVAIC (2022)

Supreme Court, Appellate Term, New York,

J.C. HEALING TOUCH REHAB, P.C., as Assignee of Zapata Natividad, Appellant, v. MVAIC, Respondent.

2022-109 K C

Decided: December 02, 2022

PRESENT: THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, CHEREÉ A. BUGGS, JJ.

The Rybak Firm, PLLC (Damin J. Toell and Richard Rozhik of counsel), for appellant. Marshall & Marshall, PLLC (Frank D'Esposito of counsel), for respondent.

ORDERED that the order is affirmed, with $25 costs.

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 granted defendant's motion finding, among other things, that the statute of limitations had expired before the action was commenced, and denied plaintiff's cross motion.

Plaintiff's sole contention on appeal with respect to the statute of limitations is improperly raised for the first time on appeal (see Joe v Upper Room Ministries, Inc., 88 AD3d 963 [2011]; Gulf Ins. Co. v Kanen, 13 AD3d 579 [2004]) and, in any event, lacks merit (see Kings Highway Diagnostic Imaging, P.C. v MVAIC, 19 Misc 3d 69 [App Term, 2d Dept, 2d & 11th Jud Dists 2008]; see also 6D Farm Corp. v Carr, 63 AD3d 903 [2009]).

Accordingly, the order is affirmed.

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

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