| Queens-Roosevelt Med. Rehabilitation, P.C. v Response Ins. Co. |
| 2019 NY Slip Op 50611(U) [63 Misc 3d 142(A)] |
| Decided on March 8, 2019 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Rubin, Fiorella & Friedman, LLP (Harlan R. Schreiber of counsel), for appellant. Law Firm of Natalia Skvortsova, PLLC (Natalia Skvortsova and Pryanka Arora of counsel), for respondent.
Appeal from an order of the Civil Court of the City of New York, Queens County (Sally E. Unger, J.), entered March 1, 2016. The order denied defendant's motion to strike the complaint and dismiss the action pursuant to CPLR 3126.
ORDERED that the order is reversed, with $30 costs, and defendant's motion to strike the complaint and dismiss the action pursuant to CPLR 3126 is granted.
In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court denying defendant's motion to strike the complaint and dismiss the action pursuant to CPLR 3126.
For the reasons stated in Queens-Roosevelt Med. Rehabilitation, P.C., as Assignee of Maria Rodriguez v Response Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op ____ [appeal No. 2016-1006 Q C], decided herewith), the order is reversed and defendant's motion to strike the complaint and dismiss the action pursuant to CPLR 3126 is granted.
PESCE, P.J., WESTON and ALIOTTA, JJ., concur.