SHIROM ACUPUNCTURE v. NYCTA MABSTOA (2018)

Supreme Court, Appellate Term, New York.

SHIROM ACUPUNCTURE, P.C., as Assignee of Gretcher Casanova, Appellant, v. NYCTA-MABSTOA, Respondent.

2015-1245 Q C

Decided: November 09, 2018

PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ.

Gary Tsirelman, P.C. (Irena Golodkeyer, of counsel), for appellant. Foley, Smit, O'Boyle & Weisman (Aaron Meyer of counsel), for respondent.

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

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved, pursuant to CPLR 3211 (a) (5), to dismiss the complaint on the ground that the action had been commenced after the expiration of the three-year limitation period of CPLR 214 (2), which, defendant contended, was applicable to self-insurers such as defendant. Plaintiff cross-moved for summary judgment and argued, among other things, that the action is subject to a six-year statute of limitations. By order entered March 6, 2013, the Civil Court granted defendant's motion and implicitly denied plaintiff's cross motion. On February 11, 2015, a judgment was entered dismissing the complaint.

For the reasons stated in Contact Chiropractic, P.C. v. New York City Tr. Auth. (31 NY3d 187 [2018]), the judgment is affirmed.

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

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