September 22, 2017

T & S Med. Supply Corp. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51240(U))

Headnote

The court considered the fact that the plaintiff, T & S Medical Supply Corp., was seeking to recover assigned first-party no-fault benefits. The main issue that was decided was whether the defendant, State Farm Mutual Automobile Ins. Co., properly tolled its time to pay or deny the claim at issue through its initial and follow-up EUO (examinations under oath) scheduling letters. The court ultimately held that the defendant did properly toll its time to pay or deny the claim, and affirmed the order granting the defendant's motion for summary judgment dismissing the complaint. Therefore, the plaintiff's appeal was unsuccessful and the order to dismiss the complaint was affirmed by the court.

Reported in New York Official Reports at T & S Med. Supply Corp. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51240(U))

T & S Med. Supply Corp. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51240(U)) [*1]

T & S Med. Supply Corp. v State Farm Mut. Auto. Ins. Co.

2017 NY Slip Op 51240(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2014-1714 K C

T & S Medical Supply Corp., as Assignee of Claudine Charles Jean, Appellant,
against
State Farm Mutual Automobile Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. De Martini & Yi, LLP (Arthur J. DeMartini, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Pamela L. Fisher, J.), entered June 9, 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’s assignor had failed to appear for duly scheduled examinations under oath (EUOs).

Contrary to plaintiff’s sole argument on appeal, defendant properly tolled its time to pay or deny the claim at issue through its initial and follow-up EUO scheduling letters (see 11 NYCRR 65-3.5 [b]; 65-3.6 [b]).

Accordingly, the order is affirmed.

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

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