November 1, 2016

Art of Healing Medicine, P.C. v Utica Mut. Ins. Co. (2016 NY Slip Op 51618(U))

Headnote

The court considered an appeal from an order of the Civil Court of the City of New York, Queens County, which granted the defendant's motion seeking summary judgment dismissing various causes of action in a case by a healthcare provider to recover assigned first-party no-fault benefits. The main issue decided was whether the defendant insurance company was entitled to summary judgment dismissing the causes of action on the ground that the plaintiff's assignor had failed to appear for duly scheduled examinations under oath. The holding of the court was that the order of the Civil Court was affirmed, with the court determining that the defendant was entitled to summary judgment dismissing the causes of action based on the failure of the plaintiff's assignor to appear for the scheduled examinations under oath.

Reported in New York Official Reports at Art of Healing Medicine, P.C. v Utica Mut. Ins. Co. (2016 NY Slip Op 51618(U))

Art of Healing Medicine, P.C. v Utica Mut. Ins. Co. (2016 NY Slip Op 51618(U)) [*1]

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

2016 NY Slip Op 51618(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This opinion is uncorrected and will not be published in the printed Official Reports.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.
2014-361 Q C

Art of Healing Medicine, P.C., as Assignee of OWEN MINNS, 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 7, 2014. The order, insofar as appealed from, granted the branches of defendant’s motion seeking summary judgment dismissing the first through fourth and seventh through ninth causes of action.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from so much of an order of the Civil Court as granted the branches of defendant’s motion seeking summary judgment dismissing the first through fourth and seventh through ninth causes of action 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, insofar as appealed from, is affirmed.

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

Decision Date: November 01, 2016