Appellate Term, first department gives expansive reading to CCA 212-aFebruary 15, 2019

Country-Wide Ins. Co. v Yao Jian Ping, 2019 NY Slip Op 50160(U)(App. Term 1st Dept. 2019)

“This action, seeking a de novo adjudication of a no-fault insurance claim following a master arbitrator’s award in excess of $5,000 (see Insurance Law § 5106[c]), was properly commenced in Civil Court, since the amount in dispute did not exceed $25,000 (see CCA 212-a; Imperium Ins. Co. v Innovative Chiropractic Servs., P.C., 43 Misc 3d 137[A], 2014 NY Slip Op 50697[U] [App Term, 1st Dept 2014]; Brooks v Rivera, 40 Misc 3d 133[A], 2013 NY Slip Op 51191[U] [App Term, 1st Dept 2013]).”

This was clearly a set up to see what the Appellate Division First Department would.

3 Responses

  1. Nathan says:

    I think this is wrong. The action for de novo review is in the nature of declaratory relief and a no-fault DJ is definitely not an actioN falling Under 212-a, as the Second Department recognized.

  2. Off the Wall but On the Fence says:

    212-a is the catch all, but CCA 206(b) is the one to look at carefully. An action for adjudication de novo ISN’T among the CPLR 7510-7514 range of actions the Civil Court can consider, so as a court of inferior and therefore preemptively limited jurisdiction, I’m not convinced it is within the Court’s jurisdiction. If anything, a de novo action seems more like a CPLR 7502 special Proceeding than anything – Which is of course specifically excluded from the Civil Court’s jurisdiction. Then there’s the whole declaratory nature of it too, as previously pointed out.

    • jtlawadmin says:

      I agree. The Countrywide case is mine. Now I see our friends at BGS got the Appellate Division, Second Department to agree that a DJ action has no place in Civil Court. I suspect the App. Term will deny my motion for leave and, as is always the case, will the App. Div. First Dept. grant me leave? We will circle back in August, because that is when we will find out if the latter is true.

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