October 11, 2019

AOM Med. Supply, Inc. v Hereford Ins. Co. (2019 NY Slip Op 51619(U))

Headnote

The court considered a case where AOM Medical Supply, Inc., as the assignee of Tiana Addison, sought to recover first-party no-fault benefits from Hereford Insurance Co. The main issue decided was whether the defendant's motion for summary judgment dismissing the complaint should be granted. The court held that the defendant's motion for summary judgment dismissing the complaint was affirmed, as the plaintiff's assignor had failed to appear for scheduled independent medical examinations. The court's decision was affirmed based on the reasons stated in a similar case, Allay Med. Servs., P.C., as Assignee of Mills, Keith A. v Metropolitan Gen. Ins. Co., which was decided concurrently.

Reported in New York Official Reports at AOM Med. Supply, Inc. v Hereford Ins. Co. (2019 NY Slip Op 51619(U))

AOM Med. Supply, Inc. v Hereford Ins. Co. (2019 NY Slip Op 51619(U)) [*1]

AOM Med. Supply, Inc. v Hereford Ins. Co.

2019 NY Slip Op 51619(U) [65 Misc 3d 134(A)]

Decided on October 11, 2019

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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 11, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ
2018-266 K C

AOM Medical Supply, Inc., as Assignee of Tiana Addison, Appellant,
against
Hereford Insurance Co., Respondent.

Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Goldberg, Miller & Rubin (Harlan R. Schreiber of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Odessa Kennedy, J.), entered October 18, 2017. 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’s assignor had failed to appear for duly scheduled independent medical examinations.

For the reasons stated in Allay Med. Servs., P.C., as Assignee of Mills, Keith A. v Metropolitan Gen. Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-2389 K C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: October 11, 2019