Gomez v GEICO

[*1] Gomez v GEICO 2005 NY Slip Op 50111(U) Decided on February 2, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 2, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: February 2, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PESCE, P.J., PATTERSON and GOLIA, JJ.
2003-1659 K C

HEATHER GOMEZ, Appellant,

against

GEICO, Respondent.

Appeal by plaintiff from an order of the Civil Court, Kings County (E. Spodek, J.), entered October 3, 2003, granting defendant's motion to dismiss the complaint.

Order unanimously affirmed without costs.

It is uncontroverted that plaintiff elected to arbitrate claims arising out of her June 1998 accident. Plaintiff's first claim sought lost wages, and the November 1998 arbitrator's award provided her with lost wages for a three month period ending October 2, 1998. Her subsequent claim sought monies for the use of a sauna and additional lost wages from October 1998 to August 2000. The June 2002 arbitrator's award provided her with monies for the use of a sauna, but denied that part of the claim seeking additional lost wages. Plaintiff appealed so much of the second award as denied her claim for additional lost wages, and the master arbitrator upheld said award. Inasmuch as plaintiff's election to arbitrate foreclosed litigation of subsequent claims arising out of the same accident (see Roggio v Nationwide Mut. Ins. Co., 66 NY2d 260 [1985]), we find that the court below acted properly in dismissing the complaint.
Decision Date: February 02, 2005