Richard Denise M.D. P.C. v New York City Tr. Auth.

Richard Denise M.D. P.C. v New York City Tr. Auth. 2012 NY Slip Op 04925 Decided on June 19, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 19, 2012
Mazzarelli, J.P., Saxe, DeGrasse, Richter, Abdus-Salaam, JJ.
7955 570366/07 38863/04

[*1]Richard Denise M.D. P.C. as assignee of Irene Trapp, Plaintiff-Respondent,

v

New York City Transit Authority, Defendant-Appellant.




Jones Jones LLC, New York (Agnes Neiger of counsel), for
appellant.
Israel, Israel & Purdy, LLP, Great Neck (Jennifer Greenhalgh
Howard of counsel), for respondent.

Order of the Appellate Term of the Supreme Court, First Department, entered July 22, 2009, which reversed an order of the Civil Court, Bronx County (Francis M. Alessandro, J.), entered on or about May 7, 2007, granting defendant's motion to dismiss the complaint as time-barred, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Because defendant New York City Transit Authority's obligation to provide no-fault benefits arises out of the no-fault statute, the three-year statute of limitations as set forth in CPLR 214(2) bars plaintiff's claim (see M.N. Dental Diagnostics, P.C. v New York City Tr. Auth., 82 AD3d 409 [2011]).

We have reviewed plaintiff's contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 19, 2012

DEPUTY CLERK