July 15, 2022

Chi P&L Acupuncture, P.C. v GEICO Gen. Ins. Co. (2022 NY Slip Op 50767(U))

Headnote

The court considered the fact that the defendant, GEICO General Insurance Company, had sought to dismiss the complaint on the grounds that the plaintiff, Chi P&L Acupuncture, P.C., 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 should be granted. The holding of the court was that the order denying the defendant's motion for summary judgment was affirmed, with the court stating that for the reasons stated in a similar case, the order was affirmed.

Reported in New York Official Reports at Chi P&L Acupuncture, P.C. v GEICO Gen. Ins. Co. (2022 NY Slip Op 50767(U))

Chi P&L Acupuncture, P.C. v GEICO Gen. Ins. Co. (2022 NY Slip Op 50767(U)) [*1]

Chi P&L Acupuncture, P.C. v GEICO Gen. Ins. Co.

2022 NY Slip Op 50767(U) [76 Misc 3d 126(A)]

Decided on July 15, 2022

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected in part through August 19, 2022; it will not be published in the printed Official Reports.

Decided on July 15, 2022

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

PRESENT: : THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ
2019-805 K C

Chi P&L Acupuncture, P.C., as Assignee of Josey Savinon, Leonard White, Yamel Morel, and Juan Ortiz Polaco, Respondent,
against
GEICO General Ins. Co., Appellant.

Rivkin Radler, LLP (Stuart M. Bodoff of counsel), for appellant. Zara Javakov, P.C. (Zara Javakov of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Lorna J. McAllister, J.), entered January 23, 2019. The order, insofar as appealed from as limited by the brief, denied defendant’s 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, defendant appeals, as limited by its brief, from so much of an order of the Civil Court as denied defendant’s motion which had sought summary judgment dismissing the complaint on the ground that plaintiff failed to appear for duly scheduled examinations under oath.

For the reasons stated in Chi P & L Acupuncture, P.C., as Assignee of Oscar Fleming v GEICO Gen. Ins. Co. (— Misc 3d —, 2022 NY Slip Op — [appeal No. 2019-954 K C], decided herewith), the order, insofar as appealed from, is affirmed.

ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.

ENTER
Paul Kenny
Chief Clerk
Decision Date: July 15, 2022