Home/Appellate Terms of the Supreme Court of New York/Healthway Med. Care, P.C. v. New York Cent. Mut. Fire Ins. Co.

Healthway Med. Care, P.C. v. New York Cent. Mut. Fire Ins. Co.

CourtAppellate Terms of the Supreme Court of New York
DecidedSeptember 15, 2017
Docket2017 NYSlipOp 51187(U)
StatusPublished

This text of Healthway Med. Care, P.C. v. New York Cent. Mut. Fire Ins. Co. (Healthway Med. Care, 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
Healthway Med. Care, P.C. v. New York Cent. Mut. Fire Ins. Co., (N.Y. Ct. App. 2017).

Opinion



Healthway Medical Care, P.C., as Assignee of Sherod, Hill, Appellant,

against

New York Central Mutual Fire Insurance Company, Respondent.


The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Gullo & Associates, LLP (Cristina Carollo, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered April 1, 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 on the ground that plaintiff's assignor had failed to appear for duly scheduled independent medical examinations.

For the reasons stated in Sama Physical Therapy, P.C., as Assignee of Sherod, Hill v New York Cent. Mut. Fire Ins. Co. (___ Misc 3d ___, 2017 NY Slip Op _____ [appeal No. 2014-1102 K C], decided herewith), the order is affirmed.


PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk
Decision Date: September 15, 2017

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Bluebook (online)
Healthway Med. Care, P.C. v. New York Cent. Mut. Fire Ins. Co., Counsel Stack Legal Research, https://law.counselstack.com/opinion/healthway-med-care-pc-v-new-york-cent-mut-fire-ins-co-nyappterm-2017.