August 28, 2020

NL Quality Med., P.C. v GEICO Ins. Co. (2020 NY Slip Op 50998(U))

Headnote

The court considered the fact that the plaintiff, a medical provider, had failed to appear for duly scheduled examinations under oath. The main issue decided was whether the plaintiff's failure to appear for scheduled examinations under oath warranted the dismissal of the complaint. The court held that the defendant's motion for summary judgment dismissing the complaint should be granted, reversing the order of the Civil Court. This decision was based on the fact that the plaintiff had failed to appear for scheduled examinations under oath, and in line with a similar decision in a related case.

Reported in New York Official Reports at NL Quality Med., P.C. v GEICO Ins. Co. (2020 NY Slip Op 50998(U))

NL Quality Med., P.C. v GEICO Ins. Co. (2020 NY Slip Op 50998(U)) [*1]

NL Quality Med., P.C. v GEICO Ins. Co.

2020 NY Slip Op 50998(U) [68 Misc 3d 132(A)]

Decided on August 28, 2020

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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 28, 2020

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, WAVNY TOUSSAINT, JJ
2018-2005 K C

NL Quality Medical, P.C., as Assignee of Alexander, Tomas, Respondent,
against
GEICO Ins. Co., Appellant.

Rivkin Radler, LLP, (Stuart M. Bodoff and Cheryl F. Korman of counsel), for appellant. The Rybak Firm, PLLC, (Damin J. Toell of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Michael Gerstein, J.), entered September 5, 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 moved for summary judgment dismissing the complaint on the ground that plaintiff had failed to appear for duly scheduled examinations under oath, and plaintiff cross-moved for summary judgment. Defendant appeals from so much of an order of the Civil Court as denied defendant’s motion.

For the reasons stated in NL Quality Med., P.C., as Assignee of Sumlar, Tanya v GEICO Ins. Co., (___ Misc 3d ___, 2020 NY Slip Op ______ [appeal No. 2018-2004 K C], decided

herewith), the order, insofar as appealed from, is reversed and defendant’s motion for summary judgment dismissing the complaint is granted.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 28, 2020