Island Life Chiropractic Pain Care, PLLC v. Nationwide Ins.

Appellate Terms of the Supreme Court of New York

Island Life Chiropractic Pain Care, PLLC v. Nationwide Ins.

71 Misc. 3d 136(A), 2021 NY Slip Op 50436(U)

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 14, 2021

Docket2019-336 K C

StatusUnpublished

This text of 71 Misc. 3d 136(A) (Island Life Chiropractic Pain Care, PLLC v. Nationwide 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

Island Life Chiropractic Pain Care, PLLC v. Nationwide Ins., 71 Misc. 3d 136(A), 2021 NY Slip Op 50436(U) (N.Y. Ct. App. 2021).

Pincite

Opinion

Island Life Chiropractic Pain Care, PLLC v Nationwide Ins. (2021 NY Slip Op 50436(U)) [*1]

Island Life Chiropractic Pain Care, PLLC v Nationwide Ins.

2021 NY Slip Op 50436(U) [71 Misc 3d 136(A)]

Decided on May 14, 2021

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 14, 2021

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ
2019-336 K C

Island Life Chiropractic Pain Care, PLLC, as Assignee of Smith, Lendell, Respondent,

against

Nationwide Ins., Appellant.

Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for appellant. The Rybak Firm, PLLC (Damin Toell of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Richard J. Montelione, J.), entered October 22, 2018. The order denied defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court denying defendant's motion which had sought summary judgment dismissing the complaint on the ground that plaintiff's assignor had failed to appear for duly scheduled examinations under oath.

For the reasons stated in Longevity Med. Supply, Inc. v Nationwide Ins. (69 Misc 3d 129[A], 2020 NY Slip Op 51133[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020]), the order is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: May 14, 2021

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