November 8, 2019

Lenex Servs., Inc. v Travelers Ins. (2019 NY Slip Op 51814(U))

Headnote

The court considered the facts of a provider seeking to recover first-party no-fault benefits and their failure to appear for scheduled examinations under oath. The main issue decided was whether the provider's failure to appear for examinations under oath was grounds for summary judgment dismissing the complaint. The holding of the court was that the order granting the defendant's motion for summary judgment was affirmed, as the provider's failure to appear for scheduled examinations under oath justified the dismissal of the complaint.

Reported in New York Official Reports at Lenex Servs., Inc. v Travelers Ins. (2019 NY Slip Op 51814(U))

Lenex Servs., Inc. v Travelers Ins. (2019 NY Slip Op 51814(U)) [*1]

Lenex Servs., Inc. v Travelers Ins.

2019 NY Slip Op 51814(U) [65 Misc 3d 148(A)]

Decided on November 8, 2019

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This opinion is uncorrected and will not be published in the printed Official Reports.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 8, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ
2018-1402 K C

Lenex Services, Inc., as Assignee of Young Sheldon, Appellant,
against
Travelers Insurance, Respondent.

Zara Javakov, P.C. (Zara Javakov of counsel), for appellant. Law Office of Aloy O. Ibuzor, for respondent (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), entered June 4, 2018. 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 Allay Med. Servs., P.C., as Assignee of Harrison, Henry v Travelers Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-2383 K C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 08, 2019