June 8, 2018

Gentlecare Ambulatory Anesthesia Servs. v GEICO Ins. Co. (2018 NY Slip Op 50871(U))

Headnote

The Court considered a case where a provider was seeking to recover assigned first-party no-fault benefits, but was denied by the defendant insurance company on the ground that the plaintiff had failed to appear for scheduled examinations under oath. The main issue decided in this case was whether the plaintiff was entitled to summary judgment on the first through fourth causes of action, and whether the defendant was entitled to partial summary judgment dismissing those causes of action. The holding of the case was that the order denying the plaintiff's motion for summary judgment and granting the defendant's cross motion for partial summary judgment was affirmed, with $25 costs. The court cited a similar case and its decision in affirming this holding.

Reported in New York Official Reports at Gentlecare Ambulatory Anesthesia Servs. v GEICO Ins. Co. (2018 NY Slip Op 50871(U))

Gentlecare Ambulatory Anesthesia Servs. v GEICO Ins. Co. (2018 NY Slip Op 50871(U)) [*1]

Gentlecare Ambulatory Anesthesia Servs. v GEICO Ins. Co.

2018 NY Slip Op 50871(U) [59 Misc 3d 153(A)]

Decided on June 8, 2018

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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 8, 2018

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2015-2067 K C

Gentlecare Ambulatory Anesthesia Services; Lyonel F. Paul, M.D., as Assignee of Jajoute, Marie, Appellant,
against
GEICO Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Rivkin Radler, LLP (Cheryl F. Korman and Stuart M. Bodoff of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Pamela L. Fisher, J.), entered June 16, 2015. The order, insofar as appealed from, denied the branches of plaintiff’s motion seeking summary judgment on the first through fourth causes of action and granted defendant’s cross motion for partial summary judgment dismissing the first through fourth causes of action.

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, plaintiff moved for summary judgment, and defendant cross-moved for partial summary judgment dismissing the first four causes of action on the ground that plaintiff had failed to appear for duly scheduled examinations under oath. Plaintiff appeals from so much of an order of the Civil Court as denied the branches of its motion seeking summary judgment on the first four causes of action and granted defendant’s cross motion.

For the reasons stated in Gentlecare Ambulatory Anesthesia Servs. etc., as Assignee of Saint-Louis, Lydia v GEICO Ins. Co. (__ Misc 3d ___, 2018 NY Slip Op _____ [appeal No. [*2]2015-1996 K C], decided herewith), the order, insofar as appealed from, is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: June 08, 2018