December 5, 2025
GC Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co. (2025 NY Slip Op 51982(U))
https://www.beynensonlaw.com/case-law/gc-chiropractic-p-c-v-state-farm-mut-auto-ins-co-2025-ny-slip-op-51982u/
- Decided
- December 5, 2025
- Citation
- 2025 NY Slip Op 51982(U)
- Posture
- Summary judgment
- Outcome
- Insurer prevailed
- Issues
- EUO no-show
- Legal questions
- No-show defense: insurer's proof (see the maps)
Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.
Summary
Editorial summary by Beynenson Law, not part of the court’s decision.
Reported in New York Official Reports at GC Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co. (2025 NY Slip Op 51982(U))
[*1]| GC Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co. |
| 2025 NY Slip Op 51982(U) |
| Decided on December 5, 2025 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 December 5, 2025
PRESENT: : WAVNY TOUSSAINT, P.J., MARINA CORA MUNDY, JOANNE D. QUIÑONES, JJ
2024-1169 K C
against
State Farm Mutual Automobile Ins. Co., Appellant.
Rivkin Radler, LLP (Stuart M. Bodoff and Cheryl F. Korman of counsel), for appellant. The Rybak Firm, PLLC (Oleg Rybak, David Paul Horowitz and Damin J. Toell of counsel), for respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Nicholas W. Moyne, J.), dated May 15, 2024. The order, insofar as appealed from, upon granting the branch of defendant’s motion seeking leave to renew its prior motion for summary judgment dismissing the complaint, adhered to a prior determination of that court in an order dated October 18, 2022 denying the motion.
ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and, upon renewal, defendant’s motion for summary judgment dismissing the complaint is granted.
In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment on the ground that plaintiff failed to appear for duly scheduled examinations under oath (EUOs). As relevant here, by order dated October 18, 2022, the Civil Court (Nicholas W. Moyne, J.) found, in effect pursuant to CPLR 3212 (g), that defendant had established timely and proper mailing of the EUO scheduling letters and denials, but denied defendant summary judgment, finding that the affirmation of defendant’s attorney attesting to plaintiff’s failure to appear for the EUOs was insufficient due to the “significant lapse in time” between the alleged no-shows and execution of the affirmation.
Defendant subsequently moved for leave to renew its motion, arguing that, under SVP Med Supply, Inc. v GEICO (76 Misc 3d 134[A], 2022 NY Slip Op 50931[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]), defendant’s attorney’s affirmation was sufficient to demonstrate plaintiff’s failure to appear. Defendant appeals from so much of an order of the Civil Court (Nicholas W. Moyne, J.) dated May 15, 2024 as, upon granting the branch of defendant’s motion seeking leave to renew, adhered to its prior determination denying defendant’s [*2]motion for summary judgment, finding that the attorney’s affirmation was “on its face unworthy of belief” as it was executed approximately three years after the purported EUO no-shows.
Contrary to the finding of the Civil Court, defendant’s attorney’s affirmation, “on its face, . . . was not unworthy of belief” (SVP Med Supply, Inc., 2022 NY Slip Op 50931[U], *2; see Brefni Chiropractic Diagnostics, P.C. v State Farm Mut. Auto. Ins. Co., 87 Misc 3d 128[A], 2025 NY Slip Op 51518[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2025]; MAZ Chiropractic, P.C. v State Farm Ins. Co., 85 Misc 3d 135[A], 2025 NY Slip Op 50492[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2025]), and was sufficient to demonstrate that plaintiff failed to appear for the scheduled EUOs (see SVP Med Supply, Inc., 2022 NY Slip Op 50931[U], *1-2; see also Hertz Corp. v Active Care Med. Supply Corp., 124 AD3d 411 [2015]; Brefni Chiropractic Diagnostics, P.C., 2025 NY Slip Op 51518[U]; MAZ Chiropractic, P.C., 2025 NY Slip Op 50492[U]; T & J Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co., 47 Misc 3d 130[A], 2015 NY Slip Op 50406[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]; Natural Therapy Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co., 44 Misc 3d 141[A], 2014 NY Slip Op 51310[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2014]).
To the extent that plaintiff purports to challenge on appeal the Civil Court’s finding, in effect, that defendant is otherwise entitled to judgment, such challenge lacks merit.
Accordingly, the order, insofar as appealed from, is reversed and, upon renewal, defendant’s motion for summary judgment dismissing the complaint is granted.
TOUSSAINT, P.J., MUNDY and QUIÑONES, JJ., concur.
ENTER:
Jennifer Chan
Acting Chief Clerk
Decision Date: December 5, 2025
Legal questions
A question of no-fault law this decision rules on, from our Legal Questions pages. Bars count the decisions on the question by year and court, coloured by category; circles are this decision and the decisions on the question it cites or that cite it. Point at a bar or circle for details. The categories and summaries are Beynenson Law’s classification, made by a language model and checked by a second reading.
Did the insurer prove its IME/EUO no-show defense: mailed, compliant scheduling requests and the claimant’s nonappearance?
This decision: Insurer proved mailed, compliant requests and the nonappearance; claimant's answers rejected
Held the insurer's attorney's affirmation sufficiently proved the provider's EUO nonappearances and was not unworthy of belief merely because it was executed about three years after the missed EUOs.
Of the 858 decisions on this question in the Second Department courts and the Court of Appeals, 527 (this one included) are in the same category. One decision in other departments that cites or is cited by this one is on the full map.
Cited in this decision
A label shows how this decision treated the case it cites.
- SVP Med Supply, Inc. v GEICO (2022 NY Slip Op 50931(U)) FollowedThe insurer's attorney's affirmation established the provider's failure to appear for scheduled EUOs. The attorney stated that she was present at the scheduled location and would have conducted the EUOs had the provider appeared, establishing personal knowledge of the nonappearances.
- Brefni Chiropractic Diagnostics, P.C. v State Farm Mut. Auto. Ins. Co. (2025 NY Slip Op 51518(U)) FollowedThe insurer's attorney affirmation alone established the provider's EUO nonappearance; corroborating transcripts were unnecessary.
- MAZ Chiropractic, P.C. v State Farm Ins. Co. (2025 NY Slip Op 50492(U)) FollowedThe insurer's attorney affirmation established the provider's failure to appear for scheduled EUOs. The affirmation recounted counsel's presence at the scheduled location, intention to conduct the EUOs if the provider appeared, and personal knowledge of the nonappearances.
- Hertz Corp. v Active Care Med. Supply Corp. (2015 NY Slip Op 00212)A provider's failure to attend EUOs violates a condition precedent to no-fault coverage and vitiates the policy.
- T & J Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co. (2015 NY Slip Op 50406(U))The provider's objections to the EUO requests were not heard because it did not claim to have responded to those requests.
- Natural Therapy Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co. (2014 NY Slip Op 51310(U))The provider's unanswered EUO requests foreclosed its reasonableness objections and made related discovery unnecessary to oppose summary judgment.
Similar decisions
- Sanford Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co. (2022 NY Slip Op 50576(U))The insurer's attorney's affirmation established the provider's EUO nonappearances despite a challenge to proof of presence at the start times.
- Actual Chiropractic, P.C. v State Farm Ins. (2019 NY Slip Op 50421(U))An insurer need not state objective reasons for requesting EUOs to establish entitlement to summary judgment for nonappearance.
- Bronx Chiropractic Care, P.C. v State Farm Ins. (2019 NY Slip Op 51041(U))The insurer's transfer of claims between offices and the location generating timely EUO letters did not raise a triable issue.
- Bridgeview Supply Corp. v Nationwide Mut. Ins. Co. (2026 NY Slip Op 50190(U))An insurer need not state objective reasons for requesting EUOs as part of its prima facie showing for summary judgment based on nonappearance.
- ACH Chiropractic, P.C. v Nationwide Ins. (2022 NY Slip Op 50448(U))The insurer's attorney affidavits and certified EUO transcripts established the provider's failure to appear.