Home/Appellate Terms of the Supreme Court of New York/Sama Physical Therapy, P.C. v. New York Cent. Mut. Fire Ins. Co.

Sama Physical Therapy, P.C. v. New York Cent. Mut. Fire Ins. Co.

CourtAppellate Terms of the Supreme Court of New York
DecidedSeptember 15, 2017
Docket2017 NYSlipOp 51186(U)
StatusPublished

This text of Sama Physical Therapy, P.C. v. New York Cent. Mut. Fire Ins. Co. (Sama Physical Therapy, 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
Sama Physical Therapy, P.C. v. New York Cent. Mut. Fire Ins. Co., (N.Y. Ct. App. 2017).

Opinion



Sama Physical Therapy, 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 (IMEs).

Contrary to plaintiff's arguments on appeal, the proof submitted by defendant in support of its motion was sufficient to give rise to a presumption that the IME scheduling letters and the denial of claim forms at issue had been properly mailed (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]). Plaintiff's remaining arguments are either moot or lack merit.

Accordingly, the order is affirmed.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.


ENTER:
Paul Kenny
Chief Clerk
Decision Date: September 15, 2017

Free access — add to your briefcase to read the full text and ask questions with AI

Related

St. Vincent's Hospital v. Government Employees Insurance
50 A.D.3d 1123 (Appellate Division of the Supreme Court of New York, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
Sama Physical Therapy, P.C. v. New York Cent. Mut. Fire Ins. Co., Counsel Stack Legal Research, https://law.counselstack.com/opinion/sama-physical-therapy-pc-v-new-york-cent-mut-fire-ins-co-nyappterm-2017.