Sigma Psychological, P.C. v. Chubb Indem. Ins. Co.

Full title: Sigma Psychological, P.C. as Assignee of DMITRIY KESELMAN and JULIA…

Court: SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

Date published: Mar 6, 2012

2012 N.Y. Slip Op. 50412 (N.Y. App. Term 2012)

Opinion

2010-567 K C

03-06-2012

Sigma Psychological, P.C. as Assignee of DMITRIY KESELMAN and JULIA KESELMAN, Appellant, v. Chubb Indemnity Ins. Co., Respondent.

WESTON

PRESENT: : , J.P., RIOS and ALIOTTA, JJ

Appeal from an order of the Civil Court of the City of New York, Kings County (Johnny Lee Baynes, J.), entered November 17, 2009. The order granted defendant's motion to vacate a notice of trial and dismiss the complaint pursuant to CPLR 3126 to the extent of vacating the notice of trial and compelling plaintiff to respond to defendant's discovery demands.

ORDERED that the appeal is dismissed as academic.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court entered November 17, 2009 which granted defendant's motion to vacate a notice of trial and dismiss the complaint pursuant to CPLR 3126 to the extent of vacating the notice of trial and compelling plaintiff to respond to defendant's discovery demands. Subsequent to the entry of the November 17, 2009 order, the Civil Court entered an order dismissing the complaint. The dismissal of the complaint renders this appeal academic (see Livny v Rotella, 305 AD2d 377 [2003]; Delta Diagnostic Radiology, P.C. v Allstate Ins. Co., 15 Misc 3d 131[A], 2007 NY Slip Op 50673[U] [App Term, 2d & 11th Jud Dists 2007]; Fair Price Med. Supply Corp. v ELRAC Inc., 13 Misc 3d 33 [App Term, 2d & 11th Jud Dists 2006]).

Accordingly, the appeal is dismissed.

Weston, J.P., Rios and Aliotta, JJ., concur.