| Mount Sinai Hosp. v Dust Tr. Inc. |
| 2012 NY Slip Op 52457(U) [39 Misc 3d 1210(A)] |
| Decided on February 22, 2012 |
| Supreme Court, Nassau County |
| DeStefano, J. |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Mount Sinai
Hospital, a/a/o ALISON CASSANI, Plaintiff,
against Dust Transit Inc., Defendant. |
In this action to recover no-fault benefits, the Defendant moves pursuant to CPLR 2221, in effect, to renew a prior motion for summary judgment to the extent that judgment was granted in favor of the Plaintiff and against the Defendant for the full amount demanded in the complaint (Decision and Order entered September 28, 2011). In this regard, the Defendant alleges that the court erred in granting the Plaintiff summary judgment in an amount which exceeded the self-insured surety bond.[FN1]
The court notes that the decision and order entered September 28, 2011 granted summary [*2]judgment to the Plaintiff though it did not specify or limit the amount of damages being awarded. In this regard, no issue in regard to the maximum amount of no-fault benefits payable to the Plaintiff was presented in the prior motion. Notwithstanding, in the instant motion, Defendant asserts that the maximum amount of benefits that can be paid to the Plaintiff pursuant to applicable New York City TLC Rules and Insurance Law §§ 5102 and 5104 is $18,620.18. Significantly, taxicab owners (including the Defendant) are required to maintain liability coverage through an insurance policy or a bond in an amount not less than $200,000 per person (TLC Rule 58-13(d)(1)[i]). It is undisputed that $181,379.82 was paid to Alison Cassani's medical provider assignee(s), leaving $18,620.18 available in benefits. Defendant thus asks the court to modify the decision and order entered September 28, 2011 "to reflect a total balance of $18,620.18, inclusive of costs, interest and attorneys' fees".
In opposition, the Plaintiff does not dispute the substantive aspects of the Defendant's motion but instead argues that the issues raised herein should have been raised earlier. Under the circumstances, however, given that the maximum amount of benefits recoverable for basic economic loss is $200,000 (TLC Rules 58-04(g); 58-13(a)(1) & (d)(1)[i]; Insurance Law §§ 5102, 5104), the court grants the Defendant's motion and modifies the decision and order entered September 28, 2011, to reflect that judgment is granted in favor of the Plaintiff and against the Defendant in the amount of $18,620.18.
Accordingly, it is hereby ordered that the motion is granted.
This constitutes the decision and order of the court.
DATE: February 22, 2012
__________________________________
Hon. Vito M. DeStefano, J.S.C.