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Five Boro Psychological, P.C. As Assignee of Jose Luis Santos v. Travelers Property Casualty Ins. Co

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


December 3, 2010

FIVE BORO PSYCHOLOGICAL, P.C. AS ASSIGNEE OF JOSE LUIS SANTOS,
RESPONDENT,
v.
TRAVELERS PROPERTY CASUALTY INS. CO.,
APPELLANT.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin D. Garson, J.), entered May 29, 2009. The order denied defendant's motion for consolidation, and, upon consolidation, for other relief.

Five Boro Psychological, P.C. v . Travelers Prop. Cas. Ins. Co.

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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 3, 2010

PRESENT:STEINHARDT, J.P., PESCE and WESTON, JJ

ORDERED that the order is affirmed, with $10 costs.

In this Civil Court, Kings County, action by a provider to recover assigned first-party no-fault benefits, defendant moved to consolidate 82 other cases then pending in the Civil Court, Kings County, all of which were commenced by the same provider against defendant or its various property casualty affiliates and subsidiaries, with this case and, upon consolidation, for other relief. The court denied defendant's motion, and this appeal by defendant ensued.

In opposition to the motion, plaintiff established that on November 5, 2007, prior to the date that defendant brought the motion that gave rise to the instant appeal, the Civil Court had issued an order granting plaintiff summary judgment in this action and awarding it the sum of $1,078.32, together with applicable statutory interest, attorney's fees, costs and disbursements. In view of the foregoing, there has been a final adjudication on the merits in this action (see QFI, Inc. v Shirley, 60 AD3d 656 [2009]; Methal v City of New York, 50 AD3d 654 [2008]). Thus, there was no longer a pending action with which other actions could be consolidated pursuant to CPLR 602 (a) (see Fischer v RWSP Realty, LLC, 53 AD3d 595 [2008]). Accordingly, the order denying defendant's motion for consolidation is affirmed. We pass on no other issue.

Steinhardt, J.P., Pesce and Weston, JJ., concur.

Decision Date: December 03, 2010

20101203

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