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Appellate Term, Second Department: December 26, 2023

Decision & Orders on Motions decided on:December 15, 2023

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By: Buggs, J.P., Cora Mundy, Hom, JJ. The Rybak Firm, PLLC (Oleg Rybak and Richard Rozhik of counsel), for appellant. Rubin, Fiorella, Friedman & Mercante, LLP (Micahel Philippou of counsel), for respondent.

2023-66 K C. BLANO MED., P.C. v. HERTZ CO — Appeal from an order of the Civil Court of the City of New York, Kings County (Keisha Alleyne, J.), entered June 14, 2022. The order granted defendant’s motion to amend the pleadings and to dismiss the complaint on the grounds of res judicata and statute of limitations, and, in effect, denied plaintiff’s cross-motion for summary judgment. ORDERED that the order is modified by providing that defendant’s motion to amend the pleadings and to dismiss the complaint on the grounds of res judicata and statute of limitations is denied; as so modified, the order is affirmed, without costs. In August 2019, plaintiff commenced this action against defendant “Hertz Co.” to recover assigned first-party no-fault benefits for services it rendered to its assignor, who was allegedly injured in an automobile accident on January 26, 2015. In December 2016, “Hertz Vehicles, LLC” brought a declaratory judgment action in the Supreme Court, New York County, against “Blano Medical” and its assignor herein, among other parties, pertaining to the January 26th accident and, subsequently, moved for a default judgment against “Blano Medical” and its assignor. In an order and judgment entered March 4, 2019, the Supreme Court, upon granting the unopposed motion by Hertz Vehicles, LLC, declared that, with respect to the January 26th accident, Hertz Vehicles, LLC was not obligated to pay claims for reimbursement submitted by “Blano Medical” and its assignor.

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