ISLAND LIFE CHIROPRACTIC PAIN CARE PLLC v. ZIPCAR (2021)

Supreme Court, Appellate Term, New York,

ISLAND LIFE CHIROPRACTIC PAIN CARE, PLLC, as Assignee of Sumner, Emmanuel, Respondent, v. ZIPCAR, Appellant.

2019-326 K C

Decided: August 27, 2021

PRESENT: THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, WAVNY TOUSSAINT, JJ.

Rubin, Fiorella, Friedman & Mercante LLP (Deena Khalifa of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell and Richard Rozhik of counsel), for respondent.

ORDERED that the order is reversed, with $30 costs, and plaintiff's motion to dismiss defendant's affirmative defenses is denied.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court which granted plaintiff's motion, pursuant to CPLR 3211 (b), to dismiss defendant's affirmative defenses.

For the reasons stated in Island Life Chiropractic Pain Care, PLLC, as Assignee of Hutchinson, Aaron v ZipCar (––– Misc 3d ––––, 2021 NY Slip Op –––– [appeal No. 2019-711 K C], decided herewith), the order is reversed and plaintiff's motion to dismiss defendant's affirmative defenses is denied. We reach no other issue.

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

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