Devonshire Surgical Facility & Carnegie Hill Orthopedic Servs., P.C. v National Cont. Ins. Co.

[*1] Devonshire Surgical Facility & Carnegie Hill Orthopedic Servs., P.C. v National Cont. Ins. Co. 2010 NY Slip Op 50042(U) [26 Misc 3d 131(A)] Decided on January 14, 2010 Appellate Term, First 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 January 14, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, JJ
.

Devonshire Surgical Facility. and Carnegie Hill Orthopedic Services, P.C., a/a/o Jose Rodriguez, Plaintiffs-Appellants, - -

against

National Continental Insurance Company, Defendant-Respondent.

Plaintiffs appeal from an order of the Civil Court of the City of New York, New York County (Arthur F. Engoron, J.), dated October 2, 2008, which denied their motion for leave to amend the complaint.

Per Curiam.

Order (Arthur F. Engoron, J.), dated October 2, 2008, affirmed, with $10 costs.

Plaintiffs' proposed amended complaint does not specify any damages sustained by plaintiffs other than unpaid first-party no-fault benefits. Because plaintiff did not specify any consequential damages (see Bi-Economy Mkt., Inc. v Harleysville Ins. Co. of NY, 10 NY3d 187 [2008]) caused by defendant's failure to pay plaintiffs' claims for such benefits, the proposed amendment is palpably insufficient as a matter of law (see Peach Parking Corp. v 346 W. 40th St., LLC, 42 AD3d 82, 86 [2007]; Davis & Davis, P.C. v Morson, 286 AD2d 584, 585 [2001]), and Civil Court providently exercised its discretion in denying plaintiffs' motion to amend. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: January 14, 2010