New York Infinity Health Care, LCSW, P.C. v. State Farm Fire & Cas. Co.

Appellate Terms of the Supreme Court of New York

New York Infinity Health Care, LCSW, P.C. v. State Farm Fire & Cas. Co.

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 3, 2017

Docket2017 NYSlipOp 50165(U)

StatusPublished

This text of New York Infinity Health Care, LCSW, P.C. v. State Farm Fire & Cas. Co. (New York Infinity Health Care, LCSW, P.C. v. State Farm Fire & Cas. 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

New York Infinity Health Care, LCSW, P.C. v. State Farm Fire & Cas. Co., (N.Y. Ct. App. 2017).

Pincite

Opinion

New York Infinity Health Care, LCSW, P.C., as Assignee of ANAIKA GUE, Appellant,

against

State Farm Fire and Casualty Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Genine D. Edwards, J.), entered November 26, 2014. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion to disqualify defendant's law firm.

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). The motion was supported by, among other things, an affirmation from a partner in the law firm representing defendant, attesting, based on her personal knowledge, to plaintiff's failure to appear. Plaintiff cross-moved to disqualify the law firm representing defendant, pursuant to rule 3.7 of the Rules of Professional Conduct (22 NYCRR 1200.0), on the ground that a member of the firm was a necessary witness in this case. Plaintiff appeals from an order of the Civil Court granting defendant's motion and denying plaintiff's cross motion.

For the reasons stated in Renelique Med. Servs., P.C., as Assignee of Viviana Laureano v State Farm Fire and Cas. Co. (___ Misc 3d ___, 2017 NY Slip Op _____ [appeal No. 2014-419 K C], decided herewith), the order is affirmed.

Weston, J.P., Aliotta and Elliot, JJ., concur.

Decision Date: February 03, 2017

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New York Infinity Health Care, LCSW, P.C., as Assignee of ANAIKA GUE, Appellant,

against

State Farm Fire and Casualty Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Genine D. Edwards, J.), entered November 26, 2014. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion to disqualify defendant's law firm.

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). The motion was supported by, among other things, an affirmation from a partner in the law firm representing defendant, attesting, based on her personal knowledge, to plaintiff's failure to appear. Plaintiff cross-moved to disqualify the law firm representing defendant, pursuant to rule 3.7 of the Rules of Professional Conduct (22 NYCRR 1200.0), on the ground that a member of the firm was a necessary witness in this case. Plaintiff appeals from an order of the Civil Court granting defendant's motion and denying plaintiff's cross motion.

For the reasons stated in Renelique Med. Servs., P.C., as Assignee of Viviana Laureano v State Farm Fire and Cas. Co. (___ Misc 3d ___, 2017 NY Slip Op _____ [appeal No. 2014-419 K C], decided herewith), the order is affirmed.

Weston, J.P., Aliotta and Elliot, JJ., concur.

Decision Date: February 03, 2017

Cite This Page — Counsel Stack

Bluebook (online)

New York Infinity Health Care, LCSW, P.C. v. State Farm Fire & Cas. Co., Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-infinity-health-care-lcsw-pc-v-state-farm-fire-cas-co-nyappterm-2017.