PHYSICAL THERAPY v. MVAIC (2019)

ORDERED that the judgment is reversed, with $30 costs, the order entered August 19, 2016 is vacated, defendant's motion for summary judgment dismissing the complaint is granted, and plaintiff's cross motion for summary judgment is denied.

In this action by a provider to recover assigned first-party no-fault benefits, defendant Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) moved for summary judgment dismissing the complaint on the ground, among others, that the action had been commenced after the statute of limitations had expired and plaintiff cross-moved for summary judgment. The Civil Court denied defendant's motion and granted plaintiff's cross motion.

For the reasons stated in Compas, as Assignee of Vital, Joseph Emmanuel v. MVAIC (––– Misc 3d ––––, 2019 NY Slip Op –––– [appeal No. 2017-387 K C], decided herewith), the judgment is reversed, the order entered August 19, 2016 is vacated, defendant's motion for summary judgment dismissing the complaint is granted, and plaintiff's cross motion for summary judgment is denied.

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