QUEENS ROOSEVELT MEDICAL REHABILITATION v. RESPONSE INSURANCE COMPANY (2019)

Supreme Court, Appellate Term, New York.

QUEENS-ROOSEVELT MEDICAL REHABILITATION, P.C., as Assignee of Amador Gonzalez, Respondent, v. RESPONSE INSURANCE COMPANY, Appellant.

2016-1011 Q C

Decided: March 08, 2019

PRESENT: : MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ

Rubin, Fiorella & Friedman, LLP (Harlan R. Schreiber of counsel), for appellant. Law Firm of Natalia Skvortsova, PLLC (Natalia Skvortsova of counsel), for respondent.

ORDERED that the order is reversed, with $ 30 costs, and defendant's motion to strike the complaint and dismiss the action pursuant to CPLR 3126 is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court denying defendant's motion to strike the complaint and dismiss the action pursuant to CPLR 3126.

For the reasons stated in Queens-Roosevelt Med. Rehabilitation, P.C., as Assignee of Maria Rodriguez v. Response Ins. Co. (––– Misc 3d ––––, 2019 NY Slip Op –––– [appeal No. 2016-1006 Q C], decided herewith), the order is reversed and defendant's motion to strike the complaint and dismiss the action pursuant to CPLR 3126 is granted.

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

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