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Appellate Term, Second Department:May 1, 2020

Appellate Term, Second Department:May 1, 2020

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Second, Eleventh and Thirteenth JudicIal Districts Cases Released on: May 1, 2020

By: Aliotta, P.J., Elliot, Toussaint, JJ. Law Offices of David O’Connor, P.C. (David B. O’Connor of counsel), for appellant. Rivkin Radler, LLP (Stuart M. Bodoff and Cheryl F. Korman of counsel), for respondent. 2018-1777 Q C. PDG PSYCHOLOGICAL, P.C. v STATE FARM MUT. INS. CO — Appeal from an order of the Civil Court of the City of New York, Queens County (Phillip Hom, J.), entered May 31, 2018. The order granted the branch of defendant’s motion seeking to dismiss the complaint on the ground of laches. ORDERED that the order is reversed, with $30 costs, the branch of defendant’s motion seeking to dismiss the complaint on the ground of laches is denied, and the matter is remitted to the Civil Court for a determination of the remaining branches of defendant’s motion. Insofar as is relevant to this appeal in this action by a provider to recover assigned first-party no-fault benefits, defendant moved to, among other things, dismiss the complaint on the ground of laches, based on plaintiff’s delay in prosecuting the action. The Civil Court granted this branch of defendant’s motion and found that the remaining branches of the motion were moot. For the reasons stated in Rockaway Med. & Diagnostic, P.C. v State Farm Mut. Ins. Co. (___ Misc 3d ___, 2020 NY Slip Op 50238[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020]), the order is reversed, the branch of defendant’s motion seeking to dismiss the complaint on the ground of laches is denied, and the matter is remitted to the Civil Court for a determination of the remaining branches of defendant’s motion (see V.S. Med. Servs., P.C. v State Farm Mut. Ins. Co., ___ Misc 3d ___, 2020 NY Slip Op 50405[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020]). ALIOTTA, P.J., ELLIOT and TOUSSAINT, JJ., concur. May 1, 2020

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