December 19, 2017

B.S.A. Chiropractic, P.C. v ELRAC, Inc. (2017 NY Slip Op 51813(U))

Headnote

The defendant's summary judgment dismissal based on the assignor's EUO nonappearances was upheld on appeal. The Appellate Term, Second Department, affirmed, stating that the proof sufficiently established proper mailing of the EUO scheduling letters under St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co. The provider's remaining contention lacked merit.

Reported in New York Official Reports at B.S.A. Chiropractic, P.C. v ELRAC, Inc. (2017 NY Slip Op 51813(U))

[*1]
B.S.A. Chiropractic, P.C. v ELRAC, Inc.
2017 NY Slip Op 51813(U) [58 Misc 3d 136(A)]
Decided on December 19, 2017
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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 19, 2017
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
2015-951 K C

B.S.A. Chiropractic, P.C., as Assignee of Cristina Cordero, Appellant,

against

ELRAC, Inc., Respondent.


Kopelevich & Feldsherova, P.C. (Galina Feldsherova, Esq.), for appellant. Brand, Glick & Brand, P.C. (Jason P. Bertuna, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Pamela L. Fisher, J.), entered November 21, 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 (EUOs).

Contrary to plaintiff’s argument, defendant’s proof sufficiently established proper mailing of the EUO scheduling letters (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]). Plaintiff’s remaining contention lacks merit.

Accordingly, the order is affirmed.

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


ENTER:
Paul Kenny
Chief Clerk
Decision Date: December 19, 2017

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