PDG PSYCHOLOGICAL v. STATE FARM MUTUAL INSURANCE CO (2020)

ORDERED that the order is reversed, with $30 costs, the branch of defendant's motion seeking to dismiss the complaint on the ground of laches is denied, and the matter is remitted to the Civil Court for a determination of the remaining branches of defendant's motion.

Insofar as is relevant to this appeal in this action by a provider to recover assigned first-party no-fault benefits, defendant moved to, among other things, dismiss the complaint on the ground of laches, based on plaintiff's delay in prosecuting the action. The Civil Court granted this branch of defendant's motion and found that the remaining branches of the motion were moot.

For the reasons stated in Rockaway Med. & Diagnostic, P.C. v. State Farm Mut. Ins. Co. (––– Misc 3d ––––, 2020 NY Slip Op. 50238[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020] ), the order is reversed, the branch of defendant's motion seeking to dismiss the complaint on the ground of laches is denied, and the matter is remitted to the Civil Court for a determination of the remaining branches of defendant's motion (see V.S. Med. Servs., P.C. v. State Farm Mut. Ins. Co., ––– Misc 3d ––––, 2020 NY Slip Op 50405[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020] ).

ALIOTTA, P.J., ELLIOT and TOUSSAINT, JJ., concur.