December 19, 2017

Masigla v Travelers Ins. Co. (2017 NY Slip Op 51795(U))

Headnote

The court considered the facts of a case in which a provider was seeking to recover assigned first-party no-fault benefits. The plaintiff had moved for summary judgment, while the defendant cross-moved for summary judgment dismissing the complaint on the basis that the plaintiff had failed to appear for examinations under oath. The main issue decided was whether the defendant's cross motion for summary judgment was valid based on the plaintiff's failure to appear for examinations under oath. The holding of the case was that the order granting the defendant's cross motion for summary judgment was affirmed. The court's decision was based on the plaintiff's failure to appear for the required examinations under oath, as established in the previous case of Masigla, as Assignee of Brumaire, Shimaine v Travelers Ins. Co.

Reported in New York Official Reports at Masigla v Travelers Ins. Co. (2017 NY Slip Op 51795(U))

Masigla v Travelers Ins. Co. (2017 NY Slip Op 51795(U)) [*1]

Masigla v Travelers Ins. Co.

2017 NY Slip Op 51795(U) [58 Misc 3d 134(A)]

Decided on December 19, 2017

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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 19, 2017
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
2015-303 Q C

Maria S. Masigla, P.T., as Assignee of Brumaire, Yanick, Appellant,
against
Travelers Insurance Company, Respondent.

The Rybak Firm, PLLC (Joseph D. DePalma, Esq.), for appellant. Law Offices of Aloy O. Ibuzor (William Angstreich, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered January 8, 2015. The order, insofar as appealed from as limited by the brief, granted defendant’s cross motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment and defendant cross-moved for summary judgment dismissing the complaint. Plaintiff appeals, as limited by its brief, from so much of a January 8, 2015 order of the Civil Court as granted defendant’s cross motion for summary judgment dismissing the complaint on the ground that plaintiff had failed to appear for examinations under oath.

For the reasons stated in Masigla, as Assignee of Brumaire, Shimaine v Travelers Ins. Co. (__ Misc 3d ___, 2017 NY Slip Op _____ [appeal No. 2015-289 Q C], decided herewith), the order, insofar as appealed from, is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: December 19, 2017