RA Med. Servs., P.C. v. Lancer Ins. Co.

Appellate Terms of the Supreme Court of New York

RA Med. Servs., P.C. v. Lancer Ins. Co.

76 Misc. 3d 129(A), 2022 NY Slip Op 50794(U)

CourtAppellate Terms of the Supreme Court of New York

DecidedAugust 12, 2022

Docket2019-1442 K C

StatusUnpublished

Cited by2 cases

This text of 76 Misc. 3d 129(A) (RA Med. Servs., P.C. v. Lancer 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.

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RA Med. Servs., P.C. v. Lancer Ins. Co., 76 Misc. 3d 129(A), 2022 NY Slip Op 50794(U) (N.Y. Ct. App. 2022).

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RA Med. Servs., P.C. v Lancer Ins. Co. (2022 NY Slip Op 50794(U)) [*1]

RA Med. Servs., P.C. v Lancer Ins. Co.

2022 NY Slip Op 50794(U) [76 Misc 3d 129(A)]

Decided on August 12, 2022

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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 12, 2022

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
2019-1442 K C

RA Medical Services, P.C., as Assignee of Saint-Flavin, Farra M., Respondent,

against

Lancer Insurance Co., Appellant.

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

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered August 8, 2019. The order denied defendant's motion for summary judgment dismissing the complaint and granted plaintiff's cross motion for summary judgment.

ORDERED that the order is affirmed, with $25 costs.

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 had failed to appear for duly scheduled examinations under oath and granting plaintiff's cross motion for summary judgment.

For the reasons stated in RA Med. Servs., P.C., as Assignee of Saint-Flavin, Farra M. v Lancer Ins. Co. (___ Misc 3d ___, 2022 NY Slip Op ______ [appeal No. 2019-1404 K C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 12, 2022

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RA Med. Servs., P.C. v Lancer Ins. Co. (2022 NY Slip Op 50794(U)) [*1]

RA Med. Servs., P.C. v Lancer Ins. Co.

2022 NY Slip Op 50794(U) [76 Misc 3d 129(A)]

Decided on August 12, 2022

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 August 12, 2022

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
2019-1442 K C

RA Medical Services, P.C., as Assignee of Saint-Flavin, Farra M., Respondent,

against

Lancer Insurance Co., Appellant.

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

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered August 8, 2019. The order denied defendant's motion for summary judgment dismissing the complaint and granted plaintiff's cross motion for summary judgment.

ORDERED that the order is affirmed, with $25 costs.

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 had failed to appear for duly scheduled examinations under oath and granting plaintiff's cross motion for summary judgment.

For the reasons stated in RA Med. Servs., P.C., as Assignee of Saint-Flavin, Farra M. v Lancer Ins. Co. (___ Misc 3d ___, 2022 NY Slip Op ______ [appeal No. 2019-1404 K C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 12, 2022

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76 Misc. 3d 129(A), 2022 NY Slip Op 50794(U), Counsel Stack Legal Research, https://law.counselstack.com/opinion/ra-med-servs-pc-v-lancer-ins-co-nyappterm-2022.

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