March 22, 2019

Bronx Chiropractic Care, P.C. v State Farm Ins. (2019 NY Slip Op 50424(U))

Headnote

The court considered the fact that the plaintiff, Bronx Chiropractic Care, P.C., had failed to appear for scheduled examinations under oath (EUOs) as demanded by the defendant, State Farm Insurance. The main issue decided in this case was whether the defendant's motion for summary judgment dismissing the complaint should have been denied because the plaintiff objected to the EUO demands and the defendant failed to establish that the demands were reasonable. The holding of the case is that the order granting the defendant's motion for summary judgment was affirmed, with the court concluding that the plaintiff's objection to the EUO demands and the defendant's failure to establish the reasonableness of the demands were not sufficient to deny the motion. Therefore, the plaintiff failed to provide a valid defense to the motion for summary judgment.

Reported in New York Official Reports at Bronx Chiropractic Care, P.C. v State Farm Ins. (2019 NY Slip Op 50424(U))

Bronx Chiropractic Care, P.C. v State Farm Ins. (2019 NY Slip Op 50424(U)) [*1]

Bronx Chiropractic Care, P.C. v State Farm Ins.

2019 NY Slip Op 50424(U) [63 Misc 3d 132(A)]

Decided on March 22, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 22, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., MICHELLE WESTON, BERNICE D. SIEGAL, JJ
2017-601 K C

Bronx Chiropractic Care, P.C., as Assignee of Esteban Almanzar and Uriel Albino, Appellant,
against
State Farm Insurance, Respondent.

Zara Javakov, P.C. (Zara Javakov of counsel), for appellant. Rivkin Radler, LLP (Stuart M. Bodoff of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered December 16, 2016. The order granted defendant’s 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, defendant moved for summary judgment dismissing the complaint on the ground that plaintiff had failed to appear for duly scheduled examinations under oath (EUOs). By order entered December 16, 2016, the Civil Court granted defendant’s motion. Plaintiff’s sole argument on appeal is that defendant’s motion should have been denied because plaintiff objected to defendant’s EUO demands and defendant failed to establish that the demands were reasonable.

For the reasons stated in Bronx Chiropractic Care, P.C., as Assignee of Adris Maria et al. v State Farm Ins. (__ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-525 K C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: March 22, 2019