May 14, 2021

Madison Prods. of USA, Inc. v 21st Century Ins. Co. (2021 NY Slip Op 50446(U))

Headnote

The relevant facts considered by the court in this case were that the plaintiff, Madison Products of USA, Inc., as the assignee of Barnes, Omari, filed a complaint to recover assigned first-party no-fault benefits from the defendant, 21st Century Insurance Company. The main issue decided was whether the defendant's motion for summary judgment to dismiss the complaint and denying the plaintiff's cross motion for summary judgment was appropriate. The holding of the court was that the order granting defendant's motion for summary judgment dismissing the complaint and denying plaintiff's cross motion for summary judgment was affirmed, with $25 costs. The court found that the defendant had established that the examination under oath scheduling letters had been timely mailed, therefore, the order to dismiss the complaint was affirmed.

Reported in New York Official Reports at Madison Prods. of USA, Inc. v 21st Century Ins. Co. (2021 NY Slip Op 50446(U))

Madison Prods. of USA, Inc. v 21st Century Ins. Co. (2021 NY Slip Op 50446(U)) [*1]

Madison Prods. of USA, Inc. v 21st Century Ins. Co.

2021 NY Slip Op 50446(U) [71 Misc 3d 138(A)]

Decided on May 14, 2021

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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 14, 2021

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
2019-675 K C

Madison Products of USA, Inc., as Assignee of Barnes, Omari, Appellant,
against
21st Century Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Offices of Buratti, Rothenberg & Burns (Konstantinos Tsirkas of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Cenceria P. Edwards, J.), entered March 12, 2019. The order granted defendant’s motion for summary judgment dismissing the complaint and denied 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, plaintiff appeals from an order of the Civil Court granting defendant’s motion for summary judgment dismissing the complaint and denying plaintiff’s cross motion for summary judgment.

Contrary to plaintiff’s sole contention on appeal with respect to defendant’s motion, defendant established that the examination under oath scheduling letters had been timely mailed (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]; City Anesthesia Healthcare, P.C. v Erie Ins. Co. of NY, 70 Misc 3d 141[A], 2021 NY Slip Op 50135[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2021]; 11 NYCRR 65-3.5 [a], [d]; Appendix 13).

Accordingly, the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: May 14, 2021