May 3, 2019

Pavlova v Hartford Ins. Co. (2019 NY Slip Op 50695(U))

Headnote

The court considered the fact that the plaintiff, Ksenia Pavlova, as the assignee of Murray, Eldica, was seeking to recover first-party no-fault benefits from Hartford Insurance Company. The main issue decided was whether the plaintiff had failed to appear for duly scheduled examinations under oath, and if so, whether this justified the granting of the defendant's motion for summary judgment dismissing the complaint. The holding of the case was that the order granting the defendant's motion for summary judgment was affirmed, as the plaintiff had indeed failed to appear for the scheduled examinations under oath, as required. Therefore, the plaintiff's appeal was denied, and the order of the Civil Court was affirmed.

Reported in New York Official Reports at Pavlova v Hartford Ins. Co. (2019 NY Slip Op 50695(U))

Pavlova v Hartford Ins. Co. (2019 NY Slip Op 50695(U)) [*1]

Pavlova v Hartford Ins. Co.

2019 NY Slip Op 50695(U) [63 Misc 3d 147(A)]

Decided on May 3, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 3, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2017-641 K C

Ksenia Pavlova, D.O., as Assignee of Murray, Eldica, Appellant,
against
Hartford Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Mackey Butts & Wise, LLP (Joshua E. Mackey of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (John J. Kelley, J.), entered November 1, 2016. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment.

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 and denied plaintiff’s cross motion for summary judgment.

For the reasons stated in Pavlova, as Assignee of George Brathwaite v Hartford Ins. Co. (__ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-600 K C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: May 03, 2019