November 3, 2017

Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51503(U))

Headnote

The main issue in this case was whether the plaintiff, Professional Health Imaging, P.C., as the assignee of Herminio Veras, was entitled to recover assigned first-party no-fault benefits from the defendant, State Farm Mutual Automobile Insurance Co. The court considered the fact that the defendant had moved for summary judgment dismissing the complaint on the ground that the plaintiff had failed to appear for scheduled examinations under oath. The plaintiff had also cross-moved for summary judgment or, in the alternative, to strike the defendant's answer and to compel the defendant to respond to discovery demands. The court ultimately affirmed the order granting the defendant's motion for summary judgment and denying the plaintiff's cross motion, with $25 costs. The holding of the case was that the defendant's motion for summary judgment dismissing the complaint was granted, and the plaintiff's cross motion for summary judgment or to compel the defendant to respond to discovery demands was denied. This was based on the plaintiff's failure to appear for scheduled examinations under oath, as well as for the reasons stated in a prior case involving the same parties.

Reported in New York Official Reports at Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51503(U))

Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51503(U)) [*1]

Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co.

2017 NY Slip Op 51503(U) [57 Misc 3d 148(A)]

Decided on November 3, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 3, 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
2014-2315 K C

Professional Health Imaging, P.C., as Assignee of Herminio Veras, Appellant,
against
State Farm Mutual Automobile Ins. Co., Respondent.

Gary Tsirelman, P.C. (Irena Golodkeyer, Esq.), for appellant. Rivkin Radler, LLP (Stuart M. Bodoff, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered September 5, 2014. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment or, in the alternative, to strike defendant’s answer and to compel defendant to respond to discovery demands.

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. Plaintiff cross-moved for summary judgment or, in the alternative, to strike defendant’s answer and to compel defendant to respond to discovery demands. Plaintiff appeals from an order of the Civil Court granting defendant’s motion and denying plaintiff’s cross motion.

For the reasons stated in Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co. (51 Misc 3d 143[A], 2016 NY Slip Op 50698[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016]), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 03, 2017