September 8, 2017

Chiroworks Chiropractic, P.C. v New York Cent. Mut. Fire Ins. Co. (2017 NY Slip Op 51159(U))

Headnote

The court considered a provider's action to recover assigned first-party no-fault benefits and the defendant's motion for summary judgment dismissing the complaint. The main issue was whether the defendant had submitted sufficient evidence to establish that the plaintiff's assignor had failed to appear for independent medical examinations. The court held that there was no merit to the plaintiff's arguments regarding the sufficiency of the proof submitted by the defendant. Additionally, the court found that the plaintiff's remaining contention lacked merit. Therefore, the court affirmed the order granting the defendant's motion for summary judgment dismissing the complaint.

Reported in New York Official Reports at Chiroworks Chiropractic, P.C. v New York Cent. Mut. Fire Ins. Co. (2017 NY Slip Op 51159(U))

Chiroworks Chiropractic, P.C. v New York Cent. Mut. Fire Ins. Co. (2017 NY Slip Op 51159(U)) [*1]

Chiroworks Chiropractic, P.C. v New York Cent. Mut. Fire Ins. Co.

2017 NY Slip Op 51159(U) [57 Misc 3d 128(A)]

Decided on September 8, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 8, 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
2014-2147 Q C

Chiroworks Chiropractic, P.C., as Assignee of Oshun Onilu, Appellant,
against
New York Central Mutual Fire Ins. Co., Respondent.

Gary Tsirelman, P.C. (Douglas Mace, Esq.), for appellant. Nightingale Law, P.C. (Michael S. Nightingale, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered July 23, 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.

There is no merit to plaintiff’s arguments on appeal regarding the sufficiency of the proof submitted by defendant to establish that plaintiff’s assignor had failed to appear for independent medical examinations (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720 [2006]; Quality Psychological Servs., P.C. v Interboro Mut. Indem. Ins. Co., 36 Misc 3d 146[A], 2012 NY Slip Op 51628[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2012]). Plaintiff’s remaining contention lacks merit.

Accordingly, the order is affirmed.

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

Paul Kenny
Chief Clerk
Decision Date: September 08, 2017