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CONTACT CHIROPRACTIC, P.C. v. NEW YORK CITY TRANSIT AUTHORITY

2014-05446, Index No. 3291/07.

135 A.D.3d 804 (2016)

22 N.Y.S.3d 891

2016 NY Slip Op 00325

CONTACT CHIROPRACTIC, P.C., as Assignee of Girtha Butler, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided January 20, 2016.

[135 A.D.3d 805]
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...

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