Serge Chiropractic Servs., P.C. v. Farmington Cas. Co.

• Court: Appellate Terms of the Supreme Court of New York
• Decided: May 3, 2019
• Docket: 2019 NYSlipOp 50698(U)
• Status: Published

Opinion

Serge Chiropractic Services, P.C., as Assignee of Orane Robinson, Appellant,

against

Farmington Casualty Company, Respondent.

Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Law Offices of Aloy O. Ibuzor (Tricia Prettypaul of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered December 9, 2016. 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, defendant's proof sufficiently established the proper mailing of the IME scheduling letters (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]) and that plaintiff's assignor had failed to appear for the scheduled IMEs (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720 [2006]).

Accordingly, the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: May 03, 2019