September 15, 2017

Healthway Med. Care, P.C. v New York Cent. Mut. Fire Ins. Co. (2017 NY Slip Op 51187(U))

https://www.beynensonlaw.com/case-law/healthway-med-care-p-c-v-new-york-cent-mut-fire-ins-co-2017-ny-slip-op51187u/

Court: Appellate Term, Second Department
Decided: September 15, 2017
Citation: 2017 NY Slip Op 51187(U) · 57 Misc 3d 130(A)
Posture: Summary judgment
Outcome: Insurer prevailed
Issues: IME no-show

Cite as

Healthway Med. Care, P.C. v New York Cent. Mut. Fire Ins. Co., 57 Misc 3d 130(A), 2017 NY Slip Op 51187(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017)

Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.

Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

The insurer's motion for summary judgment dismissing the complaint based on the assignor's IME nonappearance was granted. The Appellate Term, Second Department, affirmed the order in the insurer's favor for the reasons stated in Sama Physical Therapy, P.C. v New York Cent. Mut. Fire Ins. Co., the companion appeal decided the same day, No. 2014-1102 K C.

Reported in New York Official Reports at Healthway Med. Care, P.C. v New York Cent. Mut. Fire Ins. Co. (2017 NY Slip Op 51187(U))

[*1]

Healthway Med. Care, P.C. v New York Cent. Mut. Fire Ins. Co.

2017 NY Slip Op 51187(U) [57 Misc 3d 130(A)]

Decided on September 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 15, 2017

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN SOLOMON, JJ
2014-1125 K C

Healthway Medical Care, P.C., as Assignee of Sherod, Hill, Appellant,
against
New York Central Mutual Fire Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Gullo & Associates, LLP (Cristina Carollo, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered April 1, 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’s assignor had failed to appear for duly scheduled independent medical examinations.

For the reasons stated in Sama Physical Therapy, P.C., as Assignee of Sherod, Hill v New York Cent. Mut. Fire Ins. Co. (___ Misc 3d ___, 2017 NY Slip Op _____ [appeal No. 2014-1102 K C], decided herewith), the order is affirmed.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk
Decision Date: September 15, 2017

Similar decisions

Sama Physical Therapy, P.C. v New York Cent. Mut. Fire Ins. Co. (2017 NY Slip Op 51186(U))The insurer's proof supported a presumption that the IME scheduling letters and denial forms had been properly mailed.
Elmont Rehab P.T., P.C. v New York Cent. Mut. Fire Ins. Co. (2017 NY Slip Op 50961(U))The insurer established the assignor's failure to attend duly scheduled IMEs and timely denials based on those nonappearances.
Greenway Med. Supply Corp. v Hartford Ins. Co. (2017 NY Slip Op 50960(U))The insurer established the assignor's IME nonappearances and timely denials issued upon receipt of the claims.
SAMA Physical Therapy, P.C. v Tri State Consumers Ins. Co. (2018 NY Slip Op 51635(U))The insurer established proper mailing of IME scheduling letters and the assignor's failure to appear for the scheduled IMEs. The provider challenged both showings on appeal from an order denying its summary judgment motion and granting the insurer's cross motion dismissing its assigned no-fault benefits complaint.
Healthway Med. Care, P.C. v American Commerce Ins. Co. (2018 NY Slip Op 50733(U))The insurer's EUO requests were nullities because its initial request was sent more than 30 days after receipt of the claims.