November 16, 2018

Eagle Surgical Supply, Inc. v Farmington Cas. Co. (2018 NY Slip Op 51642(U))

Headnote

The insurer's summary judgment dismissing the provider's claims for failure to attend duly scheduled EUOs was affirmed. The Appellate Term, Second Department, rejected the provider's sole contention that its nonappearance was not proved, finding the insurer's proof sufficient under Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co.

Reported in New York Official Reports at Eagle Surgical Supply, Inc. v Farmington Cas. Co. (2018 NY Slip Op 51642(U))

[*1]
Eagle Surgical Supply, Inc. v Farmington Cas. Co.
2018 NY Slip Op 51642(U) [61 Misc 3d 142(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2016-1376 K C

Eagle Surgical Supply, Inc., as Assignee of Somattie Surujnarine, Appellant,

against

Farmington Casualty Co., Respondent.


Korsunskiy Legal Group, P.C. (Henry R. Guindi, Esq.), for appellant. Law Offices of Aloy O. Ibuzor (Gina Spiteri, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Reginald A. Boddie, J.), entered September 8, 2015. 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 (EUOs).

Contrary to plaintiff’s sole contention, the proof submitted by defendant was sufficient to demonstrate that plaintiff had failed to appear for the EUOs (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720 [2006]).

Accordingly, the order is affirmed.

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


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

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