Metro Med. Diagnostics, P.C. v Motor Veh. Acc. Indem. Corp. (2005 NY Slip Op 50240(U))

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Metro Med. Diagnostics, P.C. v Motor Veh. Acc. Indem. Corp.

2005 NY Slip Op 50240(U)

Decided on March 1, 2005

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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 1, 2005

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., PATTERSON and GOLIA, JJ.
2004-1022 Q C

METRO MEDICAL DIAGNOSTICS, PC, ASSIGNEE OF LUDMILA KHOLODILOVA, DANIEL WARREN, VALERIY AREFYEV, MOHAMED ABDALKADAR and DERRECK TUITT, Respondent,

against

MOTOR VEHICLE ACCIDENT INDEMNITY CORPORATION, Appellant.

Appeal by defendant from an order of the Civil Court, Queens County (H. Lane, J.), entered May 24, 2004, denying its motion to sever.

Order unanimously reversed without costs and defendant's motion to sever granted.

Plaintiff commenced this action to recover no-fault benefits as assignee of five assignors. The claims arose out of five separate accidents. Two causes of action were discontinued by stipulation, and defendant moved to sever the remaining eight causes of action into four separate actions pursuant to CPLR 603, which motion the court below denied.

The order should be reversed for the reasons set forth in Metro Med. Diagnostics, PC v Motor Veh. Acc. Indem. Corp. (___ Misc 3d ____, 2005 NY Slip Op ______ [No. 2004-1019 Q C, decided herewith]).
Decision Date: March 01, 2005