Allay Med. Servs., P.C. v. Metropolitan Gen. Ins. Co.

Appellate Terms of the Supreme Court of New York

Allay Med. Servs., P.C. v. Metropolitan Gen. Ins. Co.

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 11, 2019

Docket2019 NYSlipOp 51617(U)

StatusPublished

This text of Allay Med. Servs., P.C. v. Metropolitan Gen. Ins. Co. (Allay Med. Servs., P.C. v. Metropolitan Gen. Ins. Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allay Med. Servs., P.C. v. Metropolitan Gen. Ins. Co., (N.Y. Ct. App. 2019).

Pincite

Opinion

Allay Medical Services, P.C., as Assignee of Mills, Keith A., Respondent,

against

Metropolitan General Insurance Company, Appellant.

Bruno, Gerbino & Soriano, LLP (Nathan Shapiro of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Louis L. Nock, J.), entered September 11, 2017. The order, insofar as appealed from, denied defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant's cross motion for summary judgment is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court as denied defendant's cross motion which had sought summary judgment dismissing the complaint on the ground that plaintiff's assignor had failed to appear for duly scheduled examinations under oath (EUOs).

In its cross motion, defendant established that initial and follow-up letters scheduling an EUO had been timely mailed (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]); that plaintiff's assignor had failed to appear on either date (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720 [2006]); and that the claims had been timely denied on that ground (see St. Vincent's Hosp. of Richmond, 50 AD3d 1123). As plaintiff failed to raise a triable issue of fact in opposition to defendant's cross motion, the cross motion should have been granted.

Accordingly, the order, insofar as appealed from, is reversed and defendant's cross motion for summary judgment is granted.

PESCE, P.J., ALIOTTA and SIEGAL, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: October 11, 2019

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Allay Medical Services, P.C., as Assignee of Mills, Keith A., Respondent,

against

Metropolitan General Insurance Company, Appellant.

Bruno, Gerbino & Soriano, LLP (Nathan Shapiro of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Louis L. Nock, J.), entered September 11, 2017. The order, insofar as appealed from, denied defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant's cross motion for summary judgment is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court as denied defendant's cross motion which had sought summary judgment dismissing the complaint on the ground that plaintiff's assignor had failed to appear for duly scheduled examinations under oath (EUOs).

In its cross motion, defendant established that initial and follow-up letters scheduling an EUO had been timely mailed (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]); that plaintiff's assignor had failed to appear on either date (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720 [2006]); and that the claims had been timely denied on that ground (see St. Vincent's Hosp. of Richmond, 50 AD3d 1123). As plaintiff failed to raise a triable issue of fact in opposition to defendant's cross motion, the cross motion should have been granted.

Accordingly, the order, insofar as appealed from, is reversed and defendant's cross motion for summary judgment is granted.

PESCE, P.J., ALIOTTA and SIEGAL, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: October 11, 2019

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Allay Med. Servs., P.C. v. Metropolitan Gen. Ins. Co., Counsel Stack Legal Research, https://law.counselstack.com/opinion/allay-med-servs-pc-v-metropolitan-gen-ins-co-nyappterm-2019.

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