NEW YORK INFINITY HEALTH CARE LCSW v. GLOBAL LIBERTY INSURANCE COMPANY OF NEW YORK (2019)

Supreme Court, Appellate Term, New York.

NEW YORK INFINITY HEALTH CARE, LCSW, P.C., as Assignee of Shavkat Djalilov, Abada Hajar, Davron Khuseynov, Omar Nyami Morabit and Dilbar Sharipova, Respondent, v. GLOBAL LIBERTY INSURANCE COMPANY OF NEW YORK, Appellant.

2016-2227 K C

Decided: March 08, 2019

PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ.

Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum of counsel), for appellant. Petre and Zabokritsky, P.C., for respondent (no brief filed).

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

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court which 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 Shavkat Djalilov from the remaining causes of action. Defendant's counsel asserted that the causes of action had arisen out of five 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 is affirmed.

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

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