| Island Life Chiropractic Pain Care, PLLC v Zipcar |
| 2021 NY Slip Op 50842(U) [72 Misc 3d 141(A)] |
| Decided on August 27, 2021 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 & Mercante LLP (Deena Khalifa of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell and Richard Rozhik of counsel), for respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Lorna J. McAllister, J.), entered January 24, 2019. The order granted plaintiff's motion to dismiss defendant's affirmative defenses.
ORDERED that the order is reversed, with $30 costs, and plaintiff's motion to dismiss defendant's affirmative defenses is denied.
In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court which granted plaintiff's motion, pursuant to CPLR 3211 (b), to dismiss defendant's affirmative defenses.
For the reasons stated in Island Life Chiropractic Pain Care, PLLC, as Assignee of Hutchinson, Aaron v ZipCar (___ Misc 3d ___, 2021 NY Slip Op ____ [appeal No. 2019-711 K C], decided herewith), the order is reversed and plaintiff's motion to dismiss defendant's affirmative defenses is denied. We reach no other issue.
ALIOTTA, P.J., ELLIOT and TOUSSAINT, JJ., concur.