November 1, 2016

Art of Healing Medicine, P.C. v Utica Mut. Ins. Co. (2016 NY Slip Op 51611(U))

https://www.beynensonlaw.com/case-law/art-of-healing-medicine-p-c-v-utica-mut-ins-co-2016-ny-slip-op51611u/

Court: Appellate Term, Second Department
Decided: November 1, 2016
Citation: 2016 NY Slip Op 51611(U) · 53 Misc 3d 147(A)
Posture: Summary judgment
Outcome: Insurer prevailed
Issues: EUO no-show

Cite as

Art of Healing Medicine, P.C. v Utica Mut. Ins. Co., 53 Misc 3d 147(A), 2016 NY Slip Op 51611(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016)

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Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

The insurer's summary judgment dismissing the provider's claims for the assignor's failure to attend duly scheduled EUOs was affirmed. The Appellate Term, Second Department, relied on the reasons stated in the companion appeal decided the same day, No. 2013-2716 Q C, and supplied no independent analysis.

Reported in New York Official Reports at Art of Healing Medicine, P.C. v Utica Mut. Ins. Co. (2016 NY Slip Op 51611(U))

[*1]

Art of Healing Medicine, P.C. v Utica Mut. Ins. Co.

2016 NY Slip Op 51611(U) [53 Misc 3d 147(A)]

Decided on November 1, 2016

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This opinion is uncorrected and will not be published in the printed Official Reports.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 1, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-2785 Q C

Art of Healing Medicine, P.C., as Assignee of KEMAR GAYLE, Appellant,
against
Utica Mutual Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered December 3, 2013. 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 examinations under oath.

For the reasons stated in Art of Healing Medicine, P.C., as Assignee of Owen Minns v Utica Mut. Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op _____ [appeal No. 2013-2716 Q C], decided herewith), the order is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.

Decision Date: November 01, 2016

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ABC Physical Therapy, P.C. v Utica Mut. Ins. Co. (2016 NY Slip Op 51614(U))The insurer's summary judgment dismissing the provider's claims for the assignor's failure to attend duly scheduled EUOs was affirmed.
Art of Healing Medicine, P.C. v Allstate Ins. Co. (2016 NY Slip Op 51685(U))The insurer's cross motion for summary judgment dismissing the provider's claims was denied on appeal; the provider's motion remained denied.
Healing Art Acupuncture, P.C. v New York Cent. Mut. Fire Ins. Co. (2014 NY Slip Op 50633(U))The insurer's scheduling-company affidavit established timely mailing of the IME notices under standard office mailing practices.
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Right Aid Med. Supply Corp. v Utica Mut. Ins. Co. (2014 NY Slip Op 50421(U))An assignor's appearance at an EUO is a condition precedent to the insurer's liability under the policy.