September 15, 2017

Healthway Med. Care, P.C. v New York Cent. Mut. Fire Ins. Co. (2017 NY Slip Op 51187(U))

Headnote

The court considered that the plaintiff, Healthway Medical Care, P.C., as an assignee of an individual, was seeking to recover assigned first-party no-fault benefits from the defendant, New York Central Mutual Fire Insurance Company. The main issue that was decided was whether the defendant's motion for summary judgment dismissing the complaint should be granted, based on the fact that the plaintiff's assignor had failed to appear for scheduled independent medical examinations. The court held that the order granting the defendant's motion for summary judgment dismissing the complaint was affirmed, with the reasons for the decision stated in another case, Sama Physical Therapy, P.C., as Assignee of Sherod, Hill v New York Cent. Mut. Fire Ins. Co. The decision was made by Justices Pesce, Aliotta, and Solomon.

Reported in New York Official Reports at Healthway Med. Care, P.C. v New York Cent. Mut. Fire Ins. Co. (2017 NY Slip Op 51187(U))

Healthway Med. Care, P.C. v New York Cent. Mut. Fire Ins. Co. (2017 NY Slip Op 51187(U)) [*1]

Healthway Med. Care, P.C. v New York Cent. Mut. Fire Ins. Co.

2017 NY Slip Op 51187(U) [57 Misc 3d 130(A)]

Decided on September 15, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 15, 2017

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN SOLOMON, JJ
2014-1125 K C

Healthway Medical Care, P.C., as Assignee of Sherod, Hill, Appellant,
against
New York Central Mutual Fire Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Gullo & Associates, LLP (Cristina Carollo, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered April 1, 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 independent medical examinations.

For the reasons stated in Sama Physical Therapy, P.C., as Assignee of Sherod, Hill v New York Cent. Mut. Fire Ins. Co. (___ Misc 3d ___, 2017 NY Slip Op _____ [appeal No. 2014-1102 K C], decided herewith), the order is affirmed.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk
Decision Date: September 15, 2017