Alleviation Med. Servs., P.C. v. New York Cent. Mut. Fire Ins. Co.

Appellate Terms of the Supreme Court of New York

Alleviation Med. Servs., P.C. v. New York Cent. Mut. Fire Ins. Co.

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 3, 2019

Docket2019 NYSlipOp 50679(U)

StatusPublished

This text of Alleviation Med. Servs., P.C. v. New York Cent. Mut. Fire Ins. Co. (Alleviation Med. Servs., P.C. v. New York Cent. Mut. Fire 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

Alleviation Med. Servs., P.C. v. New York Cent. Mut. Fire Ins. Co., (N.Y. Ct. App. 2019).

Pincite

Opinion

Alleviation Medical Services, P.C., as Assignee of Pierre, James, Appellant,

against

New York Central Mutual Fire Insurance Company, Respondent.

Gary Tsirelman, P.C. (Darya Klein of counsel), for appellant. Nightingale Law, P.C. (Michael S. Nightingale of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered August 8, 2016. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.

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) and denied plaintiff's cross motion for summary judgment.

Contrary to plaintiff's arguments, defendant's proof sufficiently established the proper mailing of the IME scheduling letters (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]).

Accordingly, the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: May 03, 2019

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