Bronx Chiropractic Care, P.C. v. State Farm Ins.

Appellate Terms of the Supreme Court of New York

Bronx Chiropractic Care, P.C. v. State Farm Ins.

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 22, 2019

Docket2019 NYSlipOp 50424(U)

StatusPublished

This text of Bronx Chiropractic Care, P.C. v. State Farm Ins. (Bronx Chiropractic Care, P.C. v. State Farm Ins.) 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

Bronx Chiropractic Care, P.C. v. State Farm Ins., (N.Y. Ct. App. 2019).

Pincite

Opinion

Bronx Chiropractic Care, P.C., as Assignee of Esteban Almanzar and Uriel Albino, Appellant,

against

State Farm Insurance, Respondent.

Zara Javakov, P.C. (Zara Javakov of counsel), for appellant. Rivkin Radler, LLP (Stuart M. Bodoff of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered December 16, 2016. 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, defendant moved for summary judgment dismissing the complaint on the ground that plaintiff had failed to appear for duly scheduled examinations under oath (EUOs). By order entered December 16, 2016, the Civil Court granted defendant's motion. Plaintiff's sole argument on appeal is that defendant's motion should have been denied because plaintiff objected to defendant's EUO demands and defendant failed to establish that the demands were reasonable.

For the reasons stated in Bronx Chiropractic Care, P.C., as Assignee of Adris Maria et al. v State Farm Ins. (__ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-525 K C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: March 22, 2019

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Bronx Chiropractic Care, P.C., as Assignee of Esteban Almanzar and Uriel Albino, Appellant,

against

State Farm Insurance, Respondent.

Zara Javakov, P.C. (Zara Javakov of counsel), for appellant. Rivkin Radler, LLP (Stuart M. Bodoff of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered December 16, 2016. 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, defendant moved for summary judgment dismissing the complaint on the ground that plaintiff had failed to appear for duly scheduled examinations under oath (EUOs). By order entered December 16, 2016, the Civil Court granted defendant's motion. Plaintiff's sole argument on appeal is that defendant's motion should have been denied because plaintiff objected to defendant's EUO demands and defendant failed to establish that the demands were reasonable.

For the reasons stated in Bronx Chiropractic Care, P.C., as Assignee of Adris Maria et al. v State Farm Ins. (__ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-525 K C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: March 22, 2019

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Bluebook (online)

Bronx Chiropractic Care, P.C. v. State Farm Ins., Counsel Stack Legal Research, https://law.counselstack.com/opinion/bronx-chiropractic-care-pc-v-state-farm-ins-nyappterm-2019.