July 15, 2022
Chi P&L Acupuncture, P.C. v GEICO Gen. Ins. Co. (2022 NY Slip Op 50769(U))
https://www.beynensonlaw.com/case-law/chi-pl-acupuncture-p-c-v-geico-gen-ins-co-2022-ny-slip-op50769u/
- Decided
- July 15, 2022
- Citation
- 2022 NY Slip Op 50769(U) · 76 Misc 3d 126(A)
- Posture
- Summary judgment
- Outcome
- Provider prevailed
- Issues
- EUO no-show
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Summary
Editorial summary by Beynenson Law, not part of the court’s decision.
Reported in New York Official Reports at Chi P&L Acupuncture, P.C. v GEICO Gen. Ins. Co. (2022 NY Slip Op 50769(U))
| Chi P&L Acupuncture, P.C. v GEICO Gen. Ins. Co. |
| 2022 NY Slip Op 50769(U) [76 Misc 3d 126(A)] |
| Decided on July 15, 2022 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through August 19, 2022; it will not be published in the printed Official Reports. |
Decided on July 15, 2022
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ
2019-955 K C
against
GEICO General Ins. Co., Appellant.
Rivkin Radler, LLP (Stuart M. Bodoff of counsel), for appellant. Zara Javakov, P.C. (Zara Javakov of counsel), for respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Lorna J. McAllister, J.), entered January 23, 2019. The order, insofar as appealed from as limited by the brief, denied defendant’s motion for summary judgment dismissing the complaint.
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, defendant appeals, as limited by its brief, from so much of an order of the Civil Court as denied defendant’s motion which had sought summary judgment dismissing the complaint on the ground that plaintiff failed to appear for duly scheduled examinations under oath.
For the reasons stated in Chi P & L Acupuncture, P.C., as Assignee of Oscar Fleming v GEICO Gen. Ins. Co. (— Misc 3d —, 2022 NY Slip Op — [appeal No. 2019-954 K C], decided herewith), the order, insofar as appealed from, is affirmed.
ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk
Decision Date: July 15, 2022
Similar decisions
- BQE Acupuncture, P.C. v GEICO Ins. Co. (2019 NY Slip Op 51803(U))The insurer's cross motion for summary judgment dismissing the provider's complaint was granted on appeal.
- UGP Acupuncture, P.C. v GEICO Ins. Co. (2022 NY Slip Op 50612(U))The insurer's fee-schedule summary judgment dismissing acupuncture claims under CPT codes 97810 and 97811 was affirmed.
- Acupuncture Healthcare Plaza I, P.C. v State Farm Mut. Auto. Ins. Co. (2018 NY Slip Op 50738(U))The insurer's cross motion for summary judgment dismissing the provider's complaint for EUO nonappearance was granted.
- Acupuncture Now, P.C. v American Commerce Ins. Co. (2018 NY Slip Op 51768(U))The insurer's initial EUO request was a nullity for the first claim because it was sent more than 30 days after receipt of that claim.
- Oriental Health Acupuncture, P.C. v 21st Century Ins. Co. (2018 NY Slip Op 51761(U))The provider's challenge to ineffective delay letters did not defeat the insurer's summary judgment motion based on EUO nonappearance.