May 14, 2021

Island Life Chiropractic Pain Care, PLLC v Nationwide Ins. (2021 NY Slip Op 50436(U))

Headnote

The court considered an appeal from an order of the Civil Court denying the defendant's motion for summary judgment to dismiss a complaint by a provider seeking to recover assigned first-party no-fault benefits. The main issue decided was whether the plaintiff's assignor had failed to appear for scheduled examinations under oath, which was the grounds for the defendant's motion for summary judgment. The court ultimately held that the order denying the defendant's motion was reversed, and the defendant's motion for summary judgment dismissing the complaint was granted, citing a previously decided case for the reasons for the decision.

Reported in New York Official Reports at Island Life Chiropractic Pain Care, PLLC v Nationwide Ins. (2021 NY Slip Op 50436(U))

Island Life Chiropractic Pain Care, PLLC v Nationwide Ins. (2021 NY Slip Op 50436(U)) [*1]

Island Life Chiropractic Pain Care, PLLC v Nationwide Ins.

2021 NY Slip Op 50436(U) [71 Misc 3d 136(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2019-336 K C

Island Life Chiropractic Pain Care, PLLC, as Assignee of Smith, Lendell, Respondent,
against
Nationwide Ins., Appellant.

Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for appellant. The Rybak Firm, PLLC (Damin Toell of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Richard J. Montelione, J.), entered October 22, 2018. The order denied defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order 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 an order of the Civil Court denying defendant’s motion which had sought summary judgment dismissing the complaint on the ground that plaintiff’s assignor had failed to appear for duly scheduled examinations under oath.

For the reasons stated in Longevity Med. Supply, Inc. v Nationwide Ins. (69 Misc 3d 129[A], 2020 NY Slip Op 51133[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020]), the order is reversed and defendant’s motion for summary judgment dismissing the complaint is granted.

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

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