AJS Chiropractic, P.C. v New York Cent. Mut. Fire Ins. Co.

[*1] AJS Chiropractic, P.C. v New York Cent. Mut. Fire Ins. Co. 2010 NY Slip Op 50610(U) [27 Misc 3d 129(A)] Decided on January 22, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 January 22, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : RIOS, J.P., PESCE and GOLIA, JJ
2008-1907 K C.

AJS Chiropractic, P.C. as assignee of ALEXANDER TEJEDA, Respondent,

against

New York Central Mutual Fire Insurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (George J. Silver, J.), entered September 11, 2008. The order granted plaintiff's motion for summary judgment and denied defendant's cross motion for summary judgment.

ORDERED that the appeal is stricken from the general calendar.

In this action to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment and defendant cross-moved for summary judgment. While said motions were pending in the Civil Court, the Supreme Court, Queens County (James J. Golia, J.), in a declaratory judgment action brought by the instant defendant against, among others, the instant plaintiff and plaintiff's assignor, issued a preliminary injunction staying "all pending and future actions" in "New York Civil and District Courts" involving, inter alia, said plaintiff and assignor. Thereafter, the Civil Court granted plaintiff's motion for summary judgment and denied defendant's cross motion for summary judgment dismissing the complaint. This appeal by defendant ensued. In light of the preliminary injunction issued by the Supreme Court, the parties herein were foreclosed from proceeding any further in this action. Accordingly, the appeal could not properly be perfected and must be stricken from the general calendar.

Rios, J.P., and Pesce J., concur.

Golia, J., taking no part. [*2]
Decision Date: January 22, 2010