November 1, 2016

Art of Healing Medicine, P.C. v Utica Mut. Ins. Co. (2016 NY Slip Op 51616(U))

Headnote

The court considered the fact that the plaintiff was seeking to recover assigned first-party no-fault benefits, but the defendant had moved for summary judgment dismissing the complaint on the ground that the plaintiff's assignor had failed to appear for scheduled examinations under oath. The main issue decided by the court was whether the plaintiff's assignor's failure to appear for examinations under oath entitled the defendant to summary judgment dismissing the complaint. The holding of the case was that, for the reasons stated in a similar case, the order granting the defendant's motion for summary judgment was affirmed, and the plaintiff's complaint was dismissed.

Reported in New York Official Reports at Art of Healing Medicine, P.C. v Utica Mut. Ins. Co. (2016 NY Slip Op 51616(U))

Art of Healing Medicine, P.C. v Utica Mut. Ins. Co. (2016 NY Slip Op 51616(U)) [*1]

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

2016 NY Slip Op 51616(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This opinion is uncorrected and will not be published in the printed Official Reports.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.
2014-315 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 (Cheree A. Buggs, J.), entered January 10, 2014. 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