No-Fault Case Law
Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51499(U))
November 3, 2017
The court considered the fact that the plaintiff, Professional Health Imaging, P.C., as assignee of Maria M. Leriche, had failed to appear for duly scheduled examinations under oath. The main issue before the court was whether the defendant, State Farm Mutual Automobile Ins. Co., was entitled to summary judgment dismissing the complaint due to the plaintiff's failure to appear for examinations under oath. The court held that the defendant was entitled to summary judgment, affirming the order of the Civil Court, and dismissing the plaintiff's complaint. The court's decision was based on the plaintiff's failure to comply with the scheduled examinations under oath, as required in the case.
Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51498(U))
November 3, 2017
The court considered the fact that the plaintiff, an assignee of Michelle Bonaparte, failed to appear for scheduled examinations under oath in a case to recover assigned first-party no-fault benefits. Defendant moved for summary judgment dismissing the complaint on these grounds. Plaintiff cross-moved for summary judgment or, in the alternative, to strike defendant's answer and to compel defendant to respond to discovery demands. The main issue decided was whether the plaintiff's failure to appear for scheduled examinations under oath was sufficient grounds for summary judgment to be granted in favor of the defendant. The court held that the order granting the defendant's motion for summary judgment and denying the plaintiff's cross motion was affirmed.
Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51497(U))
November 3, 2017
The court considered that the plaintiff, Professional Health Imaging, P.C., was seeking to recover assigned first-party no-fault benefits from the defendant, State Farm Mut. Auto. Ins. Co. The defendant had moved for summary judgment to dismiss the complaint on the grounds that the plaintiff had failed to attend scheduled examinations under oath. The plaintiff cross-moved for summary judgment or, in the alternative, to strike the defendant's answer and to compel the defendant to respond to discovery demands. The main issue decided was whether the plaintiff's failure to appear for scheduled examinations under oath justified the dismissal of the complaint. The court held that the order granting the defendant's motion and denying the plaintiff's cross motion was affirmed, with $25 costs. The decision was based on the same reasoning as a previous case involving the same parties, Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co., where the court ruled in favor of the defendant.
Flatbush Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51496(U))
November 3, 2017
The court considered the fact that the plaintiff, Flatbush Chiropractic, P.C., had failed to appear for scheduled examinations under oath as required by the defendant, State Farm Mutual Automobile Ins. Co., in a first-party no-fault benefits case. The main issue that was decided was whether the plaintiff's failure to appear for the examinations under oath warranted the dismissal of the complaint. The court held that the plaintiff's failure to appear for the examinations under oath was grounds for granting the defendant's motion for summary judgment and dismissing the complaint. The court affirmed the order of the Civil Court, with costs of $25.
Flatbush Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51495(U))
November 3, 2017
The court considered the fact that Flatbush Chiropractic, P.C. was seeking to recover assigned first-party no-fault benefits from State Farm Mutual Automobile Insurance Co. The main issue decided was whether the plaintiff had failed to appear for duly scheduled examinations under oath, which resulted in the defendant's motion for summary judgment dismissing the complaint. The holding of the case was that the court affirmed the order granting the defendant's motion for summary judgment, on the grounds that the plaintiff had indeed failed to appear for duly scheduled examinations under oath. The court's decision was based on the same reasoning as another case decided with it, and the order was affirmed with costs.
Flatbush Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51494(U))
November 3, 2017
The court considered an appeal from an order of the Civil Court of the City of New York, Kings County, which granted the defendant's motion for summary judgment dismissing the complaint. The main issue decided was whether the plaintiff had failed to appear for duly scheduled examinations under oath (EUOs), which would result in the dismissal of the complaint. The holding of the case was that the affirmation submitted by the defendant's attorney was sufficient to establish that the plaintiff had indeed failed to appear for the EUOs, and therefore the order granting the defendant's motion for summary judgment was affirmed.
Flatbush Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51493(U))
November 3, 2017
The court considered the motion for summary judgment filed by the defendant, State Farm Mutual Automobile Insurance Co., in response to an action by Flatbush Chiropractic, P.C. to recover assigned first-party no-fault benefits. The main issue decided was whether the plaintiff failed to appear for scheduled examinations under oath, and whether this failure justified the granting of the defendant's motion for summary judgment. The holding of the court was that the order granting the defendant's motion for summary judgment to dismiss the complaint was affirmed, with the court citing a previous decision in a similar case for the reasons for the decision.
Flatbush Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51492(U))
November 3, 2017
The relevant facts the court considered in the case were that Flatbush Chiropractic, P.C. was seeking to recover assigned first-party no-fault benefits from State Farm Mutual Automobile Insurance Co. The main issue decided was whether the plaintiff had failed to appear for duly scheduled examinations under oath. The holding of the case was that the appellate term affirmed the lower court's decision to grant the defendant's motion for summary judgment dismissing the complaint, based on the plaintiff's failure to appear for scheduled examinations under oath. The court affirmed the decision with $25 costs, citing a related case for the reasons for the affirmance.
Flatbush Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51490(U))
November 3, 2017
The court considered a provider's attempt to recover assigned first-party no-fault benefits from an insurance company. The main issue decided in this case was whether the provider had failed to appear for duly scheduled examinations under oath, which led to the dismissal of the complaint. The holding of the court was that the order granting the insurance company's motion for summary judgment dismissing the complaint was affirmed, as the provider had indeed failed to appear for the scheduled examinations under oath.
Restoration Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51489(U))
November 3, 2017
The court considered the case of Restoration Chiropractic, P.C. v State Farm Mutual Automobile Insurance Co., in which the plaintiff, Restoration Chiropractic, P.C., as assignee of Carreras, Kevin, appealed from an order of the Civil Court of the City of New York that granted the defendant's motion for summary judgment dismissing the complaint. The main issue decided was whether the plaintiff had failed to appear for duly scheduled examinations under oath, which was the grounds for the defendant's motion for summary judgment. The holding of the court was that based on the reasons stated in a similar case, the order of the Civil Court was affirmed, with the plaintiff being required to pay $25 in costs.