November 1, 2016

Art of Healing Medicine, P.C. v Utica Mut. Ins. Co. (2016 NY Slip Op 51619(U))

Headnote

The court considered the facts of a provider seeking to recover assigned first-party no-fault benefits, where the assignor had failed to appear for scheduled examinations under oath. The main issue decided was whether the defendant's motion for summary judgment dismissing the complaint was justified based on the assignor's failure to comply with examinations under oath. The holding of the case was that the order granting the defendant's motion for summary judgment was affirmed, with the court determining that the assignor's failure to appear for scheduled examinations under oath justified the dismissal of the complaint.

Reported in New York Official Reports at Art of Healing Medicine, P.C. v Utica Mut. Ins. Co. (2016 NY Slip Op 51619(U))

Art of Healing Medicine, P.C. v Utica Mut. Ins. Co. (2016 NY Slip Op 51619(U)) [*1]

Art of Healing Medicine, P.C. v Utica Mut. Ins. Co.

2016 NY Slip Op 51619(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This opinion is uncorrected and will not be published in the printed Official Reports.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.
2014-363 Q C

Art of Healing Medicine, P.C., as Assignee of KEMAR GAYLE, 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 January 21, 2014. 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