November 3, 2017

Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51500(U))

Headnote

In the case of Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co., the court considered the fact that the plaintiff, a healthcare provider, was seeking to recover assigned first-party no-fault benefits from the defendant, an insurance company. The defendant had moved for summary judgment dismissing the complaint on the grounds that the plaintiff had failed to appear for scheduled examinations under oath. In response, the plaintiff cross-moved for summary judgment or, alternatively, to strike the defendant's answer and to compel the defendant to respond to discovery demands. The main issue decided by the court was whether the defendant's motion for summary judgment should be granted, and whether the plaintiff's cross motion for summary judgment or to compel the defendant to respond to discovery demands should be denied. The holding of the court was that the order granting the defendant's motion and denying the plaintiff's cross motion was affirmed, resulting in a judgment in favor of the defendant. In summary, the court upheld the decision to grant the defendant's motion for summary judgment and deny the plaintiff's cross motion, ultimately resulting in a dismissal of the plaintiff's complaint.

Reported in New York Official Reports at Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51500(U))

Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51500(U)) [*1]

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

2017 NY Slip Op 51500(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2014-2191 K C

Professional Health Imaging, P.C., as Assignee of Sherline Joseph, 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 (Carol Ruth Feinman, J.), entered August 1, 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