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M.N. Dental Diagnostics, P.C., as Assignee of Luis Marte, Respondent, v. New York City Transit Authority, Appellant

New York Supreme Court, Appellate Division2011-03-01
82 A.D.3d 409917 N.Y.S.2d 856

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Opinion

majority opinion

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 [1986]). Since it is undisputed that there existed no contract between plaintiff’s 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. Concur — Gonzalez, P.J., Tom, Andrias, Renwick and Abdus-Salaam, JJ.