November 16, 2018

Pavlova v State Farm Mut. Auto. Ins. Co. (2018 NY Slip Op 51634(U))

Headnote

The main issue in this case was whether the plaintiff had failed to appear for duly scheduled examinations under oath, which would result in the dismissal of the complaint. The court considered the fact that the plaintiff was seeking to recover assigned first-party no-fault benefits and had failed to appear for the scheduled examinations. The court ultimately held that the order granting the defendant's motion for summary judgment dismissing the complaint was affirmed, with the plaintiff being required to pay $25 in costs. The court's decision was based on the plaintiff's failure to comply with the requirement to appear for the examinations under oath, as stated in an earlier case, Pavlova, as Assignee of Scurry, Kevin v State Farm Mut. Auto. Ins. Co. The appellate court judges unanimously concurred with the decision.

Reported in New York Official Reports at Pavlova v State Farm Mut. Auto. Ins. Co. (2018 NY Slip Op 51634(U))

Pavlova v State Farm Mut. Auto. Ins. Co. (2018 NY Slip Op 51634(U)) [*1]

Pavlova v State Farm Mut. Auto. Ins. Co.

2018 NY Slip Op 51634(U) [61 Misc 3d 141(A)]

Decided on November 16, 2018

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This opinion is uncorrected and will not be published in the printed Official Reports.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 16, 2018

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2016-440 K C

Ksenia Pavlova, D.O., as Assignee of Scurry, Kevin, Appellant,
against
State Farm Mutual Automobile Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Rivkin Radler, LLP (Stuart M. Bodoff and Cheryl F. Korman of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Theresa M. Ciccotto, J.), entered January 26, 2016. 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 Pavlova, as Assignee of Scurry, Kevin v State Farm Mut. Auto. Ins. Co. (__ Misc 3d ___, 2018 NY Slip Op _____ [appeal No. 2016-428 K C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 16, 2018