August 2, 2019

Nica Acupuncture, P.C. v 21st Century Centennial Ins. Co. (2019 NY Slip Op 51271(U))

Headnote

The court considered whether a provider could recover first-party no-fault benefits when the assignor failed to appear for duly scheduled examinations under oath. The main issue was whether the provider, Nica Acupuncture, P.C., could recover assigned first-party no-fault benefits after its assignor, Maxim Savelyev, failed to appear for scheduled examinations under oath. The court held that the provider could not recover the benefits and affirmed the lower court's order granting the defendant's motion for summary judgment and denying the plaintiff's cross motion for summary judgment. The court's decision was based on the same reasoning as another case, Ocean One Physical Therapy, P.C. v 21st Century Centennial Ins. Co., which was decided at the same time.

Reported in New York Official Reports at Nica Acupuncture, P.C. v 21st Century Centennial Ins. Co. (2019 NY Slip Op 51271(U))

Nica Acupuncture, P.C. v 21st Century Centennial Ins. Co. (2019 NY Slip Op 51271(U)) [*1]

Nica Acupuncture, P.C. v 21st Century Centennial Ins. Co.

2019 NY Slip Op 51271(U) [64 Misc 3d 143(A)]

Decided on August 2, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 2, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ
2017-1777 K C

Nica Acupuncture, P.C., as Assignee of Maxim Savelyev, Appellant,
against
21st Century Centennial Insurance Company, Respondent.

Law Offices of Damin J. Toell, P.C. (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 (Harriet L. Thompson, J.), entered July 7, 2017. 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 which granted defendant’s motion for summary judgment dismissing the complaint on the ground that plaintiff’s assignor had failed to appear for duly scheduled examinations under oath and denied plaintiff’s cross motion for summary judgment.

For the reasons stated in Ocean One Physical Therapy, P.C., as Assignee of Maxim Savelyev v 21st Century Centennial Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-1778 K C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 02, 2019