Charles Deng Acupuncture, P.C. v. State Farm Mut. Auto. Ins. Co.
This text of Charles Deng Acupuncture, P.C. v. State Farm Mut. Auto. Ins. Co. (Charles Deng Acupuncture, P.C. v. State Farm Mut. Auto. 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.
Opinion
against
State Farm Mutual Automobile Ins. Co., Respondent.
The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Rivkin Radler, LLP (Merril S. Biscone, Esq.), for respondent.
Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered August 4, 2014. 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.
Contrary to plaintiff's sole contention on appeal, the proof submitted by defendant in support of its motion was sufficient to demonstrate that plaintiff's assignor had failed to appear for examinations under oath (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 SOLOMON, JJ., concur.
Paul Kenny
Chief Clerk
Decision Date: September 08, 2017
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Charles Deng Acupuncture, P.C. v. State Farm Mut. Auto. Ins. Co., Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-deng-acupuncture-pc-v-state-farm-mut-auto-ins-co-nyappterm-2017.