Opinion
2014-05446 Index No. 3291/07.
01-20-2016
CONTACT CHIROPRACTIC, P.C., as assignee of Girtha Butler, respondent, v. NEW YORK CITY TRANSIT AUTHORITY, appellant.
Jones Jones LLC, New York, N.Y. (Agnes Neiger of counsel), for appellant. Law Office of Cohen & Jaffe, LLP, Lake Success, N.Y. (Aaron J. Perretta of counsel), for respondent.
Jones Jones LLC, New York, N.Y. (Agnes Neiger of counsel), for appellant.
Law Office of Cohen & Jaffe, LLP, Lake Success, N.Y. (Aaron J. Perretta of counsel), for respondent.
Opinion
In an action to recover no-fault benefits under a policy of automobile insurance, the defendant appeals, by permission, from an order of the Appellate Term of the Supreme Court for the Second, Eleventh, and Thirteenth Judicial Districts dated December 3, 2013, which affirmed so much of an order of the Civil Court of the City of New York, Queens County (Latin, J.), dated July 27, 2011, as, upon renewal, adhered to the original determination in an order of the same court (Lebedeff, J.) dated December 4, 2007, denying that branch of its motion which was for summary judgment dismissing the complaint as time-barred.
ORDERED that the order dated December 3, 2013, is affirmed, with costs.
The Appellate Term correctly determined that an action by an injured claimant, or his or her assignee, to recover first-party no-fault benefits from a defendant who is self-insured, is subject to a six-year statute of limitations, since the claim is essentially contractual, as opposed to statutory, in nature (see Matter of New York City Tr. Auth. v. Powell, 126 A.D.3d 705, 5 N.Y.S.3d 234; Matter of New York City Tr. Auth. v. Hill, 107 A.D.3d 897, 968 N.Y.S.2d 134; Matter of ELRAC, Inc. v. Suero, 38 A.D.3d 544, 831 N.Y.S.2d 475; Mandarino v. Travelers Prop. Cas. Ins. Co., 37 A.D.3d 775, 831 N.Y.S.2d 452).
Accordingly, it was properly determined that the statute of limitations had not expired when this action was commenced.
DILLON, J.P., DICKERSON, MILLER and DUFFY, JJ., concur.