November 8, 2019

Lenex Servs., Inc. v Travelers Ins. (2019 NY Slip Op 51811(U))

Headnote

The main issues that were decided in this case were whether the plaintiff had failed to appear for scheduled examinations under oath and whether this failure justified the granting of the defendant's cross motion for summary judgment dismissing the complaint. The court considered the fact that the plaintiff, Lenex Services, Inc., had failed to appear for the scheduled examinations under oath, which was a requirement for the claim for first-party no-fault benefits. As a result, the court denied the plaintiff's motion for summary judgment and granted the defendant's cross motion for summary judgment dismissing the complaint. The court's holding was that the plaintiff's failure to appear for the scheduled examinations justified the dismissal of the complaint, and the order was affirmed.

Reported in New York Official Reports at Lenex Servs., Inc. v Travelers Ins. (2019 NY Slip Op 51811(U))

Lenex Servs., Inc. v Travelers Ins. (2019 NY Slip Op 51811(U)) [*1]

Lenex Servs., Inc. v Travelers Ins.

2019 NY Slip Op 51811(U) [65 Misc 3d 148(A)]

Decided on November 8, 2019

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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 8, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ
2018-870 K C

Lenex Services, Inc., as Assignee of Dekenya Hanter and Ingrid Montgomery, Appellant,
against
Travelers Insurance, Respondent.

Zara Javakov, P.C. (Zara Javakov of counsel), for appellant. Law Office of Aloy O. Ibuzor (William P. Kleen 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 October 4, 2017. The order denied plaintiff’s motion for summary judgment and granted defendant’s cross 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, plaintiff appeals from an order of the Civil Court which denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint on the ground that plaintiff had failed to appear for duly scheduled examinations under oath.

For the reasons stated in Allay Med. Servs., P.C., as Assignee of Harrison, Henry v Travelers Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-2383 K C], decided herewith, the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 08, 2019