September 22, 2017

Laga v Lancer Ins. Co. (2017 NY Slip Op 51243(U))

Headnote

The court considered the fact that the plaintiff, an assignee of a provider, was seeking to recover first-party no-fault benefits from the defendant insurance company. The main issue decided was whether the defendant's motion for summary judgment dismissing the complaint on the grounds that the plaintiff had failed to appear for duly scheduled examinations under oath should be granted. The court held that the order granting the defendant's motion for summary judgment was affirmed, with $25 costs, based on the plaintiff's failure to appear for the examinations under oath. The court referenced a similar case, Laga, as Assignee of Mondestin, Liliane v Lancer Ins. Co., in which the same decision was made, in support of their holding.

Reported in New York Official Reports at Laga v Lancer Ins. Co. (2017 NY Slip Op 51243(U))

Laga v Lancer Ins. Co. (2017 NY Slip Op 51243(U)) [*1]

Laga v Lancer Ins. Co.

2017 NY Slip Op 51243(U) [57 Misc 3d 133(A)]

Decided on September 22, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 22, 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
2014-1808 Q C

Adelaida M. Laga, PT, as Assignee of Mondestin, Liliane, Appellant,
against
Lancer Insurance Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Bruno, Gerbino & Soriano, LLP (Mitchell L. Kaufman, Esq.), for respondent.

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

For the reasons stated in Laga, as Assignee of Mondestin, Liliane v Lancer Ins. Co. (— Misc 3d &mdash, 2017 NY Slip Op — [appeal No. 2014-1811 Q C], decided herewith), the order is affirmed.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: September 22, 2017