Alleviation Med. Servs., P.C. v. Citiwide Auto Leasing

• Court: Appellate Terms of the Supreme Court of New York
• Decided: August 2, 2019
• Docket: 2019 NYSlipOp 51265(U)
• Status: Published

Opinion

Alleviation Medical Services, P.C., as Assignee of Hill, Laquan, Appellant,

against

Citiwide Auto Leasing, Respondent.

Gary Tsirelman, P.C. (Darya Klein of counsel), for appellant. Miller, Leiby & Associates, P.C. (Evan Mizrahi of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Richard J. Montelione, J.), entered March 27, 2017. The order granted defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint on the ground that plaintiff's assignor had failed to appear for duly scheduled independent medical examinations (IMEs).

Contrary to plaintiff's arguments, defendant's proof sufficiently established that defendant had timely mailed the IME scheduling letters and the denial of claim forms (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]) and that plaintiff's assignor had failed to appear for the scheduled IMEs (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720 [2006]). Plaintiff's remaining contentions lack merit or are raised for the first time on appeal.

Accordingly, the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 02, 2019