New Millennium Medical Imaging, P.C., as Assignee of Geremy Votor, Respondent, v. Farmers Insurance Company, Appellant. (2023)

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 appeals, as limited by its notice of appeal, from so much of an order of the Civil Court as denied defendant's motion for, in effect, summary judgment dismissing the complaint on the ground that the action is barred by the statute of limitations.

For the reasons stated in New Millennium Med. Imaging, P.C. v GEICO (76 Misc 3d 31 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]), the order, insofar as appealed from, is affirmed.

TOUSSAINT and BUGGS, JJ., concur.

WESTON, J.P., taking no part.

ENTER:

Paul Kenny

Chief Clerk

Decision Date: January 6, 2023