EMC HEALTH PRODUCTS INC v. MARYLAND AUTOMOBILE INSURANCE FUND (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 moved to, among other things, in effect, consolidate the instant action with two related actions entitled EMC Health Prods., Inc., as Assignee of Boakye, Oheneba v. Maryland Auto. Ins. Fund (Civ. Ct., Kings County, index No. 68017/15) and EMC Health Prods., Inc., as Assignee of Smith, Eugene v. Maryland Auto. Ins. Fund (Civ. Ct., Kings County, index No. 68018/15) for the purposes of disposition of the motion, and, upon consolidation, to dismiss the complaints in all three actions, contending that the Civil Court lacked personal jurisdiction over defendant. Plaintiff opposed the motion. Plaintiff appeals from so much of an order of the Civil Court entered April 19, 2017 as consolidated the actions for the purposes of disposition of the motion and dismissed the complaint.

For the reasons stated in EMC Health Prods., Inc., as Assignee of Boakye, Oheneba v. Maryland Auto. Ins. Fund (––– Misc. 3d ––––, 2019 N.Y. Slip Op. –––– [appeal No. 2017-2137 K C], decided herewith), the order, insofar as appealed from, is affirmed.

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