June 1, 2018

Renelique Med. Servs., P.C. v Travelers Ins. Co. (2018 NY Slip Op 50817(U))

Headnote

The court considered the fact that the plaintiff, Renelique Medical Services, P.C., failed to appear for duly scheduled examinations under oath (EUOs) in a case to recover assigned first-party no-fault benefits. The main issue decided was whether the plaintiff's failure to attend the EUOs justified the granting of the defendant's motion for summary judgment dismissing the complaint. The holding of the court was that the defendant's proof was sufficient to demonstrate that the plaintiff had failed to appear for the EUOs, and therefore the order for summary judgment was affirmed. The court declined to consider the plaintiff's remaining contention as it was being raised for the first time on appeal.

Reported in New York Official Reports at Renelique Med. Servs., P.C. v Travelers Ins. Co. (2018 NY Slip Op 50817(U))

Renelique Med. Servs., P.C. v Travelers Ins. Co. (2018 NY Slip Op 50817(U)) [*1]

Renelique Med. Servs., P.C. v Travelers Ins. Co.

2018 NY Slip Op 50817(U) [59 Misc 3d 149(A)]

Decided on June 1, 2018

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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 1, 2018

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2015-1119 K C

Renelique Medical Services, P.C., as Assignee of Jason Chadee, Appellant,
against
Travelers Insurance Co., Respondent.

Kopelevich & Feldsherova, P.C. (Galina Feldsherova of counsel), for appellant. Law Office of Aloy O. Ibuzor (Gregory W. Broido of counsel), for respondent (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Kings County (Reginald A. Boddie, J.), entered January 21, 2015. 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, 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 had failed to appear for duly scheduled examinations under oath (EUOs).

Contrary to plaintiff’s contention, the proof submitted by defendant in support of its motion was sufficient to demonstrate that plaintiff had failed to appear for the EUOs (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720 [2006]). Plaintiff’s remaining contention is not properly before this court, as this argument is being raised for the first time on appeal, and we decline to consider it (see Joe v Upper Room Ministries, Inc., 88 AD3d 963 [2011]; Gulf Ins. Co. v Kanen, 13 AD3d 579 [2004]).

Accordingly, the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: June 01, 2018