November 1, 2016

ABC Physical Therapy, P.C. v Utica Mut. Ins. Co. (2016 NY Slip Op 51614(U))

Headnote

The relevant facts considered by the court were that ABC Physical Therapy, P.C. was seeking to recover assigned first-party no-fault benefits from Utica Mutual Insurance Company, but the defendant had filed a motion for summary judgment dismissing the complaint on the grounds that the plaintiff's assignor had failed to appear for duly scheduled examinations under oath. The main issue decided by the court was whether the plaintiff's assignor's failure to appear for examinations under oath was a valid reason for the defendant to deny the claim for no-fault benefits. The court held that the order granting the defendant's motion for summary judgment was affirmed, with the reasoning stated in a concurrent case, Art of Healing Medicine, P.C., as Assignee of Owen Minns v Utica Mut. Ins. Co. The decision was made on November 1, 2016.

Reported in New York Official Reports at ABC Physical Therapy, P.C. v Utica Mut. Ins. Co. (2016 NY Slip Op 51614(U))

ABC Physical Therapy, P.C. v Utica Mut. Ins. Co. (2016 NY Slip Op 51614(U)) [*1]

ABC Physical Therapy, P.C. v Utica Mut. Ins. Co.

2016 NY Slip Op 51614(U) [53 Misc 3d 147(A)]

Decided on November 1, 2016

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This opinion is uncorrected and will not be published in the printed Official Reports.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 1, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2014-22 Q C

ABC Physical Therapy, P.C., as Assignee of OWEN MINNS, Appellant,
against
Utica Mutual Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered November 20, 2013. 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’s assignor had failed to appear for duly scheduled examinations under oath.

For the reasons stated in Art of Healing Medicine, P.C., as Assignee of Owen Minns v Utica Mut. Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op _____ [appeal No. 2013-2716 Q C], decided herewith), the order is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.

Decision Date: November 01, 2016