November 3, 2017

Flatbush Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51507(U))

Headnote

The main issue considered in the case of Flatbush Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co. was whether the plaintiff had failed to appear for scheduled examinations under oath and if this failure justified the defendant's motion for summary judgment dismissing the complaint. The court found that the plaintiff had indeed failed to appear for scheduled examinations under oath, resulting in the court affirming the defendant's motion for summary judgment. The relevant fact considered was the plaintiff's failure to comply with the requirement to appear for the examinations under oath, and the main issue decided was whether this failure justified the dismissal of the complaint. The holding of the case was that the defendant's motion for summary judgment dismissing the complaint was affirmed.

Reported in New York Official Reports at Flatbush Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51507(U))

Flatbush Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51507(U)) [*1]

Flatbush Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co.

2017 NY Slip Op 51507(U) [57 Misc 3d 149(A)]

Decided on November 3, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 3, 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
2014-2540 Q C

Flatbush Chiropractic, P.C., as Assignee of Richard Sepulveda, Appellant,
against
State Farm Mutual Automobile Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Rivkin Radler, LLP (Stuart M. Bodoff, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered September 29, 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 had failed to appear for duly scheduled examinations under oath.

For the reasons stated in Flatbush Chiropractic, P.C., as Assignee of Silface, Gala v State Farm Mut. Auto. Ins. Co. (__ Misc 3d ___, 2017 NY Slip Op _____ [appeal No. 2014-2172 K C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 03, 2017