July 15, 2022

Chi P&L Acupuncture, P.C. v GEICO Gen. Ins. Co. (2022 NY Slip Op 50769(U))

Headnote

The main issue in this case was whether the insurer, GEICO General Ins. Co., was entitled to summary judgment dismissing the complaint brought by Chi P&L Acupuncture, P.C. as the assignee of several individuals, on the ground that the plaintiff failed to appear for duly scheduled examinations under oath. The relevant facts considered by the court were that the plaintiff was seeking to recover assigned first-party no-fault benefits, and the defendant sought to dismiss the complaint based on the plaintiff's failure to appear for examinations under oath. The court ultimately held that, for the reasons stated in a related case, the order denying the defendant's motion for summary judgment was affirmed. Therefore, the defendant's motion for summary judgment dismissing the complaint was denied, and the order, insofar as appealed from, was affirmed.

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)) [*1]

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As corrected in part through August 19, 2022; it will not be published in the printed Official Reports.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

Chi P&L Acupuncture, P.C., as Assignee of Jordan Abenathy, Ariel Snow, Raffy MartinezOrtiz, Sasha Serrano, Michelle Compres and Adrian Guzman, Respondent,
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