| Maria Oca, M.D., P.C. v MVAIC |
| 2012 NY Slip Op 50758(U) [35 Misc 3d 134(A)] |
| Decided on April 25, 2012 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Kings County (Bernard S.
Greenbaum, J.H.O.), entered May 26, 2010. The order denied defendant's motion to sever the
claim of each assignor into separate actions.
ORDERED that the order is reversed, without costs, and defendant's motion to sever the claim of each assignor into separate actions is granted.
In this action by a provider to recover first-party no-fault benefits assigned to it by three assignors, defendant Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) appeals from an order of the Civil Court which denied MVAIC's motion pursuant to CPLR 603 to sever the causes of action into three separate actions.
The complaint alleges that the claims arose out of three separate accidents which occurred on three different dates. The facts relating to each claim are therefore likely to raise few, if any, common issues of fact (see Radiology Resource Network, P.C. v Fireman's Fund Ins. Co., 12 AD3d 185 [2004]). Accordingly, MVAIC's motion to sever the causes of action should have been granted (see Metro Med. Diagnostics, P.C. v Motor Veh. Acc. Indem. Corp., 6 Misc 3d 136[A], 2005 NY Slip Op 50238[U] [App Term, 2d & 11th Jud Dists 2005]).
Pesce, P.J., Rios and Aliotta, JJ., concur.
Decision Date: April 25, 2012