AOM Med. Supply, Inc. v. Hereford Ins. Co.

Appellate Terms of the Supreme Court of New York

AOM Med. Supply, Inc. v. Hereford Ins. Co.

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 11, 2019

Docket2019 NYSlipOp 51619(U)

StatusPublished

This text of AOM Med. Supply, Inc. v. Hereford Ins. Co. (AOM Med. Supply, Inc. v. Hereford 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

AOM Med. Supply, Inc. v. Hereford Ins. Co., (N.Y. Ct. App. 2019).

Pincite

Opinion

AOM Medical Supply, Inc., as Assignee of Tiana Addison, Appellant,

against

Hereford Insurance Co., Respondent.

Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Goldberg, Miller & Rubin (Harlan R. Schreiber of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Odessa Kennedy, J.), entered October 18, 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.

For the reasons stated in Allay Med. Servs., P.C., as Assignee of Mills, Keith A. v Metropolitan Gen. Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-2389 K C], decided herewith), the order is affirmed.

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

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

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