July 7, 2015

Healthy Way Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co. (2015 NY Slip Op 51049(U))

https://www.beynensonlaw.com/case-law/healthy-way-acupuncture-p-c-v-state-farm-mut-auto-ins-co-2015-ny-slip-op-51049u/

Court: Appellate Term, Second Department
Decided: July 7, 2015
Citation: 2015 NY Slip Op 51049(U)
Posture: Summary judgment
Outcome: Insurer prevailed
Issues: EUO no-show Discovery and procedure

Cite as

Healthy Way Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co., 2015 NY Slip Op 51049(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015)

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Summary

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

The insurer's summary judgment motion based on the provider's EUO nonappearances was granted, and disqualification of its law firm was denied. The provider sought disqualification under rule 3.7 of the Rules of Professional Conduct (22 NYCRR 1200.0). The Appellate Term, Second Department, affirmed dismissal and the implicit denial of disqualification for the reasons stated in Lotus Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co.

Reported in New York Official Reports at Healthy Way Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co. (2015 NY Slip Op 51049(U))

[*1]

Healthy Way Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co.

2015 NY Slip Op 51049(U)

Decided on July 7, 2015

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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 7, 2015

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

PRESENT: : ELLIOT, J.P., PESCE and SOLOMON, JJ.
2013-2164 Q C

Healthy Way Acupuncture, P.C. as Assignee of ELSIE CAMBERO, Appellant, July 7, 2015
against
State Farm Mutual Automobile Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Maureen A. Healy, J.), entered July 12, 2013. The order granted defendant’s motion for summary judgment dismissing the complaint and implicitly denied plaintiff’s cross motion to, among other things, disqualify defendant’s law firm.

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint on the ground that plaintiff had failed to appear for duly scheduled examinations under oath. The motion was supported by, among other things, an affirmation from a partner in the law firm representing defendant, attesting to plaintiff’s failure to appear. Plaintiff cross-moved to, among other things, disqualify the law firm representing defendant, pursuant to rule 3.7 of the Rules of Professional Conduct (22 NYCRR 1200.0), on the ground that a member of the firm was a necessary witness in this case. Plaintiff appeals from an order of the Civil Court granting defendant’s motion and implicitly denying plaintiff’s cross motion.

For the reasons stated in Lotus Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co., 44 Misc 3d 142[A], 2014 NY Slip Op 51315[U] [App Term, 2d, 11th & 13th Jud Dists 2014]), the order is affirmed.

Elliot, J.P., Pesce and Solomon, JJ., concur.

Decision Date: July 07, 2015

Cited in this decision

A label shows how this decision treated the case it cites.

Lotus Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co. (2014 NY Slip Op 51315(U)) FollowedThe insurer proved timely EUO notices and denial and the provider's nonappearance, rendering the request to disqualify counsel moot.

Similar decisions

Acupuncture Healthcare Plaza I, P.C. v State Farm Mut. Auto. Ins. Co. (2018 NY Slip Op 50738(U))The insurer's cross motion for summary judgment dismissing the provider's complaint for EUO nonappearance was granted.
Healthy Way Acupuncture, P.C. v Farmington Cas. Co. (2015 NY Slip Op 51595(U))Neither party established entitlement to summary judgment: the insurer's mailing proof and the provider's supporting affirmation were deficient.
LMS Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51137(U))The insurer established timely EUO notices and denials, the provider's nonappearance, and entitlement to dismissal without a triable factual issue.
Oriental Health Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co. (2019 NY Slip Op 51261(U))The insurer's summary judgment dismissal based on charges exceeding the workers' compensation fee schedule was affirmed.
Natural Therapy Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co. (2014 NY Slip Op 50134(U))The insurer proved timely mailing of its EUO notices and denials and the provider's failure to appear for the scheduled EUOs. The Appellate Term, Second Department, affirmed summary judgment dismissing the provider's assigned no-fault claims.