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HIGH DEFINITION MRI, P.C. v. MAPFRE INS. CO. OF N.Y.

3172N, 651039/13.

148 A.D.3d 470 (2017)

2017 NY Slip Op 01800

49 N.Y.S.3d 406

HIGH DEFINITION MRI, P.C., Appellant, v. MAPFRE INSURANCE COMPANY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 15, 2017.

Although the order on reargument purported to deny plaintiff's motion to reargue defendant's severance motion, it is appealable, because the court addressed the merits of the motion, in effect, granting it and adhering to the original determination (see Jackson v Leung, 99 A.D.3d 489, 490 [1st Dept 2012]).

The court properly severed the breach of contract cause of action, since the 198 unrelated no-fault claims asserted therein...

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