Yumi Acupuncture, P.C. v. Integon Natl. Ins. Co.

Appellate Terms of the Supreme Court of New York

Yumi Acupuncture, P.C. v. Integon Natl. Ins. Co.

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 11, 2019

Docket2019 NYSlipOp 51628(U)

StatusPublished

This text of Yumi Acupuncture, P.C. v. Integon Natl. Ins. Co. (Yumi Acupuncture, P.C. v. Integon Natl. 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

Yumi Acupuncture, P.C. v. Integon Natl. Ins. Co., (N.Y. Ct. App. 2019).

Pincite

Opinion

Yumi Acupuncture, P.C., as Assignee of Lynch Clifton, Respondent,

against

Integon National Ins. Co., Appellant.

Law Offices of Moira Doherty, P.C. (Maureen Knodel of counsel), for appellant. Gary Tsirelman, P.C. (Douglas Mace 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 May 4, 2018. The order, insofar as appealed from, denied defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court as denied defendant's motion which had sought summary judgment dismissing the complaint on the ground that plaintiff's assignor failed to appear for duly scheduled independent medical examinations (IMEs). The Civil Court, in effect, limited the issue for trial, pursuant to CPLR 3212 (g), to whether defendant established that plaintiff's assignor had failed to appear for duly scheduled IMEs.

For the reasons stated in Allay Med. Servs., P.C., as Assignee of Mills, Keith A. v Metropolitan Gen. Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-2389 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: October 11, 2019

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Yumi Acupuncture, P.C., as Assignee of Lynch Clifton, Respondent,

against

Integon National Ins. Co., Appellant.

Law Offices of Moira Doherty, P.C. (Maureen Knodel of counsel), for appellant. Gary Tsirelman, P.C. (Douglas Mace 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 May 4, 2018. The order, insofar as appealed from, denied defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court as denied defendant's motion which had sought summary judgment dismissing the complaint on the ground that plaintiff's assignor failed to appear for duly scheduled independent medical examinations (IMEs). The Civil Court, in effect, limited the issue for trial, pursuant to CPLR 3212 (g), to whether defendant established that plaintiff's assignor had failed to appear for duly scheduled IMEs.

For the reasons stated in Allay Med. Servs., P.C., as Assignee of Mills, Keith A. v Metropolitan Gen. Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-2389 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: October 11, 2019

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Yumi Acupuncture, P.C. v. Integon Natl. Ins. Co., Counsel Stack Legal Research, https://law.counselstack.com/opinion/yumi-acupuncture-pc-v-integon-natl-ins-co-nyappterm-2019.