September 15, 2017

North Bronx Med. Health Care v Chubb Ins. Co. (2017 NY Slip Op 51200(U))

Headnote

The relevant facts considered by the court were that the plaintiff, North Bronx Medical Health Care, was seeking to recover first-party no-fault benefits as the assignee of Luis Restituyo. The defendant, Chubb Insurance Company, appealed an order from the Civil Court denying their motion for summary judgment to dismiss the complaint on the grounds that the plaintiff's assignor had failed to appear for scheduled independent medical examinations. The main issue decided by the court was whether the plaintiff's assignor's failure to appear for the independent medical examinations was a valid reason for the defendant to dismiss the complaint. The holding of the case was that the order denying the defendant's motion for summary judgment was affirmed, with the court citing a previous case, Kappa Med., P.C. v Chubb Indem. Ins. Co., as the basis for their decision.

Reported in New York Official Reports at North Bronx Med. Health Care v Chubb Ins. Co. (2017 NY Slip Op 51200(U))

North Bronx Med. Health Care v Chubb Ins. Co. (2017 NY Slip Op 51200(U)) [*1]

North Bronx Med. Health Care v Chubb Ins. Co.

2017 NY Slip Op 51200(U) [57 Misc 3d 131(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This opinion is uncorrected and will not be published in the printed Official Reports.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 M. SOLOMON, JJ
2015-50 Q C

North Bronx Medical Health Care, as Assignee of Luis Restituyo, Respondent,
against
Chubb Insurance Company, Appellant.

Matthew Brew & Associates, LLC (Matthew Brew, Esq.), for appellant. The Gitelis Law Firm, P.C., for respondent (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Queens County (Ulyssses Bernard Leverett, J.), entered July 21, 2014. The order denied 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, defendant appeals from an order of the Civil Court which denied defendant’s motion which sought summary judgment dismissing the complaint upon the ground that plaintiff’s assignor had failed to appear for duly scheduled independent medical examinations.

For the reasons stated in Kappa Med., P.C. v Chubb Indem. Ins. Co. (___ Misc 3d ___, 2017 NY Slip Op ____ [appeal No. 2015-49 Q 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