November 6, 2020

Alpine Chiropractic, P.C. v Integon Natl. Ins. Co. (2020 NY Slip Op 51332(U))

Headnote

The court considered the fact that the defendant's motion for summary judgment dismissing the complaint was denied by the Civil Court. The main issue decided was whether the plaintiff's assignor failed to appear for duly scheduled independent medical examinations (IMEs) and examinations under oath (EUOs). The holding of the case was that the defendant's motion for summary judgment dismissing the complaint was granted, as the defendant established that the assignor failed to appear on the scheduled dates for IMEs, and that the claims had been timely denied on that ground. The court found that the plaintiff failed to raise a triable issue of fact in opposition to the defendant's motion, and therefore, the defendant was entitled to summary judgment dismissing the complaint.

Reported in New York Official Reports at Alpine Chiropractic, P.C. v Integon Natl. Ins. Co. (2020 NY Slip Op 51332(U))

Alpine Chiropractic, P.C. v Integon Natl. Ins. Co. (2020 NY Slip Op 51332(U)) [*1]

Alpine Chiropractic, P.C. v Integon Natl. Ins. Co.

2020 NY Slip Op 51332(U) [69 Misc 3d 139(A)]

Decided on November 6, 2020

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This opinion is uncorrected and will not be published in the printed Official Reports.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 6, 2020

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, BERNICE D. SIEGAL, JJ
2018-2014 K C

Alpine Chiropractic, P.C., as Assignee of Dedan Jacob, Respondent,
against
Integon National Ins. Co., Appellant.

Law Offices of Moira Doherty, P.C. (Maureen Knodel of counsel), for appellant. Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Sharon Bourne-Clarke, J.), entered August 14, 2018. The order denied defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order 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 an order of the Civil Court denying defendant’s motion which had sought summary judgment dismissing the complaint on the ground that plaintiff’s assignor failed to appear for duly scheduled independent medical examinations (IMEs) and examinations under oath (EUOs).

Defendant established that initial and follow-up letters scheduling IMEs had been timely mailed (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]); that plaintiff’s assignor failed to appear on the scheduled dates (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720 [2006]); and that the claims had been timely denied on that ground (see St. Vincent’s Hosp. of Richmond, 50 AD3d 1123; Greenway Med. Supply Corp. v Travelers Ins. Co., 58 Misc 3d 131[A], 2017 NY Slip Op 51765[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017]). As plaintiff failed to raise a triable issue of fact in opposition to defendant’s motion (see 11 NYCRR 65-3.8 [h]), defendant is entitled to summary judgment dismissing the complaint and we need not reach defendant’s contention regarding plaintiff’s assignor’s failure to appear for duly scheduled EUOs.

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

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 6, 2020