Bridgeview Supply Corp. v Nationwide Mut. Ins. Co. (2026 NY Slip Op 50190(U))

Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for appellant. Law Offices of Gabriel & Moroff, P.C. (Jay Koo and Koenig Pierre of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Sandra Perez, J.), dated October 29, 2024. The order, insofar as appealed from, denied defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and 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 appeals from so much of an order of the Civil Court (Sandra Perez, J.) entered October 31, 2024 as denied defendant’s motion which had sought summary judgment dismissing the complaint on the ground that plaintiff failed to appear for duly scheduled examinations under oath (EUOs). The Civil Court found, in effect, pursuant to CPLR 3212 (g), that defendant had established the timely and proper mailing of the EUO scheduling letters and that plaintiff had failed to appear for the EUOs. The Civil Court further found that there was a “triable issue of fact surrounding the EUOs,” because “[p]laintiff . . . established that [it] objected to the reasonableness of each . . . request” for an EUO.

In order “to make a prima facie showing of entitlement to summary judgment based on a failure to appear for an EUO, an insured need only demonstrate as a matter of law that it duly scheduled at least two EUOs; that the party failed to appear as requested; and that the insurer timely issued a denial of the claim or claims on that ground ‘following the [] failure to appear at the last scheduled EUO’ ” (Northern Med. Care, P.C. v Nationwide Affinity Ins. Co. of Am., 84 Misc 3d 136[A], 2024 NY Slip Op 51822[U], *2 [App Term, 2d Dept, 2d, 11th & 13th Jud [*2]Dists 2024], quoting Quality Health Supply Corp. v Nationwide Ins., 216 AD3d 1013, 1014 [2023]; see Interboro Ins. Co. v Clennon, 113 AD3d 596 [2014]). The Civil Court found, in effect, that the first two elements of defendant’s prima facie case had been established pursuant to CPLR 3212 (g). As part of this prima facie showing, an insurer is “not required to set forth objective reasons for requesting EUOs” (Northern Med. Care, P.C. v Nationwide Affinity Ins. Co. of Am., 2024 NY Slip Op 51822[U], *1-2; see Parisien v Ameriprise Auto & Home, 75 Misc 3d 138[A], 2022 NY Slip Op 50581[U], *1 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]; 21st Century Pharm., Inc. v Integon Natl. Ins. Co., 69 Misc 3d 142[A], 2020 NY Slip Op 51364[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020]; Bronx Chiropractic Care, P.C. v State Farm Ins., 63 Misc 3d 132[A], 2019 NY Slip Op 50423[U], *1-2 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]).

The affidavits submitted by defendant constitute prima facie evidence that the denial of claim form had been timely mailed in accordance with defendant’s standard office practices and procedures (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]; Residential Holding Corp. v Scottsdale Ins. Co., 286 AD2d 679 [2001]). Plaintiff did not submit an affidavit to refute this evidence, nor did it challenge the implicit CPLR 3212 (g) findings in defendant’s favor with respect to the first two elements of defendant’s prima facie case. Plaintiff’s objection letters, in which plaintiff alleged that defendant did not have an objective basis for requesting an EUO, do not raise a triable issue of fact (see MUA Chiropractic Healthcare, PLLC v Nationwide Mut. Ins. Co., 77 Misc 3d 140[A], 2022 NY Slip Op 51384[U], *2 [App Term, 2d Dept, 9th & 10th Jud Dists 2022]; NY Wellness Med., P.C. v Nationwide Mut. Ins. Co., 75 Misc 3d 126[A], 2022 NY Slip Op 50359[U], *2 [App Term, 2d Dept, 9th & 10th Jud Dists 2022]; Bronx Chiropractic Care, P.C. v State Farm Ins., 2019 NY Slip Op 50423[U], *1-2; Dynamic Balance Acupuncture, P.C. v State Farm Ins., 62 Misc 3d 145[A], 2019 NY Slip Op 50171[U], *2 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]). As plaintiff failed to raise a triable issue of fact, defendant is entitled to summary judgment dismissing the complaint.

Accordingly, the order, insofar as appealed from, is reversed and defendant’s motion for summary judgment dismissing the complaint is granted.

TOUSSAINT, P.J., MUNDY and OTTLEY, JJ., concur.