UNIQUE PHYSICAL REHAB PT v. GLOBAL LIBERTY INSURANCE COMPANY OF NEW YORK (2019)

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 the brief, from so much of an order of the Civil Court as denied defendant's motion, which had sought, pursuant to CPLR 603, to sever the first cause of action seeking to recover upon a claim for services rendered to Victor Agnest from the remaining causes of action. Defendant's counsel asserted that the causes of action had arisen out of four accidents and that multiple defenses had been interposed in the answer. The Civil Court denied defendant's motion.

For the reasons stated in Himalayans Acupuncture, P.C., as Assignee of Davron Khuseynov, et al. v. Global Liberty Ins. Co. of NY (––– Misc 3d ––––, 2019 NY Slip Op –––– [appeal No. 2016-2225 K C], decided herewith), the order, insofar as appealed from, is affirmed.

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