December 15, 2017

Greenway Med. Supply Corp. v Travelers Ins. Co. (2017 NY Slip Op 51766(U))

Headnote

The relevant facts considered by the court were that Greenway Medical Supply Corp. was seeking to recover first-party no-fault benefits as an assignee of Castillo Teofilo from Travelers Insurance Company. The issue decided was whether the lower court had erred in granting the defendant's motion for summary judgment dismissing the complaint on the grounds that the plaintiff had failed to appear for scheduled examinations under oath. The holding of the case was that the lower court's decision to grant the defendant's motion for summary judgment was affirmed, and the plaintiff's complaint was dismissed. The court based its decision on a similar case involving the same plaintiff and defendant, wherein it reached the same conclusion.

Reported in New York Official Reports at Greenway Med. Supply Corp. v Travelers Ins. Co. (2017 NY Slip Op 51766(U))

Greenway Med. Supply Corp. v Travelers Ins. Co. (2017 NY Slip Op 51766(U)) [*1]

Greenway Med. Supply Corp. v Travelers Ins. Co.

2017 NY Slip Op 51766(U) [58 Misc 3d 131(A)]

Decided on December 15, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 15, 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
2014-2258 Q C

Greenway Medical Supply Corp., as Assignee of Castillo Teofilo, Appellant,
against
Travelers Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Law Offices of Aloy O. Ibuzor (Miriam Granov, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Sally E. Unger, J.), entered August 13, 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 Greenway Med. Supply Corp., as Assignee of Tellechea Maria v Travelers Ins. Co. (__ Misc 3d ___, 2017 NY Slip Op _____ [appeal No. 2014-2253 Q C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: December 15, 2017