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Richard Denise M.D. P.C. As Assignee of Irene Trapp v. New York City Transit Authority

New York Supreme and/or Appellate Courts Appellate Division, First Department


June 19, 2012

RICHARD DENISE M.D. P.C. AS ASSIGNEE OF IRENE TRAPP,
PLAINTIFF-RESPONDENT,
v.
NEW YORK CITY TRANSIT AUTHORITY, DEFENDANT-APPELLANT.

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

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.

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

20120619

© 1992-2012 VersusLaw Inc.



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