Eagle Surgical Supply, Inc. v. Farmington Cas. Co.

• Court: Appellate Terms of the Supreme Court of New York
• Decided: November 16, 2018
• Docket: 2018 NYSlipOp 51642(U)
• Status: Published

Opinion

Eagle Surgical Supply, Inc., as Assignee of Somattie Surujnarine, Appellant,

against

Farmington Casualty Co., Respondent.

Korsunskiy Legal Group, P.C. (Henry R. Guindi, Esq.), for appellant. Law Offices of Aloy O. Ibuzor (Gina Spiteri, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Reginald A. Boddie, J.), entered September 8, 2015. 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 had failed to appear for duly scheduled examinations under oath (EUOs).

Contrary to plaintiff's sole contention, the proof submitted by defendant was sufficient to demonstrate that plaintiff had failed to appear for the EUOs (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: November 16, 2018