XVV, Inc. v. New York Cent. Mut. Fire Ins. Co.
This text of XVV, Inc. v. New York Cent. Mut. Fire Ins. Co. (XVV, Inc. 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.
Opinion
against
New York Central Mutual Fire Insurance Company, Appellant.
Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered April 19, 2013. The order denied 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, defendant moved for summary judgment dismissing the complaint on the ground that it had timely and properly denied the claim at issue based upon plaintiff's assignor's failure to appear for duly scheduled independent medical examinations (IMEs). The Civil Court denied defendant's motion.
Defendant's motion papers failed to establish that the letters scheduling the IMEs of plaintiff's assignor had been timely mailed (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]). Consequently, defendant failed to demonstrate that the IMEs had been properly scheduled and, thus, that defendant is entitled to summary judgment dismissing the complaint based on plaintiff's assignor's failure to appear at duly scheduled IMEs.
Accordingly, the order is affirmed.
Pesce, P.J., Aliotta and Elliot, JJ., concur.
Decision Date: March 11, 2016
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
XVV, Inc. v. New York Cent. Mut. Fire Ins. Co., Counsel Stack Legal Research, https://law.counselstack.com/opinion/xvv-inc-v-new-york-cent-mut-fire-ins-co-nyappterm-2016.