Opinion
No. 4386.
March 1, 2011.
Order of the Appellate Term of the Supreme Court in the First Judicial Department, entered on or about July 22, 2009, which affirmed an order, Civil Court, Bronx County (Fernando Tapia, J.), entered on or about January 29, 2008, denying defendant's motion for summary judgment dismissing 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.
Jones Jones O'Connell LLP, Brooklyn (Agnes Neiger of counsel), for appellant.
Baker, Sanders, Barshay, Grossman, Fass, Muhlstock Neuwirth, Garden City (Steven J. Neuwirth of counsel), for respondent.
Before: Gonzalez, P.J., Tom, Andrias, Renwick and Abdus-Salaam, JJ.
It is well settled that "the No-Fault Law does not codify common-law principles; it creates new and independent statutory rights and obligations in order to provide a more efficient means for adjusting financial responsibilities arising out of automobile accidents" ( Aetna Life Cas. Co. v Nelson, 67 NY2d 169, 175). Since it is undisputed that there existed no contract between plaintiffs assignor and the New York City Transit Authority, the common carrier's obligation to provide no-fault benefits arises out of the no-fault statute. Therefore, the three-year statute of limitations as set forth in CPLR 214 (2) is applicable here.
[Prior Case History: 24 Misc 3d 139(A), 2009 NY Slip Op 51596(U).]