August 2, 2019

Lida’s Med. Supply, Inc. v Park Ins. Co. (2019 NY Slip Op 51282(U))

https://www.beynensonlaw.com/case-law/lidas-med-supply-inc-v-park-ins-co-2019-ny-slip-op-51282u/

Court
Appellate Term, Second Department
Decided
August 2, 2019
Citation
2019 NY Slip Op 51282(U) · 64 Misc 3d 144(A)
Posture
Summary judgment
Outcome
Insurer prevailed
Issues
IME no-show
Cite as
Lida's Med. Supply, Inc. v Park Ins. Co., 64 Misc 3d 144(A), 2019 NY Slip Op 51282(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019)

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 summary judgment motion based on the assignor's failure to appear for duly scheduled IMEs was granted on appeal. The Appellate Term, Second Department, reversed the order, insofar as appealed from, and dismissed the provider's complaint for the reasons stated in the companion appeal, Alleviation Med. Servs., P.C. v Citiwide Auto Leasing, decided the same day, No. 2017-1220 K C.

Reported in New York Official Reports at Lida’s Med. Supply, Inc. v Park Ins. Co. (2019 NY Slip Op 51282(U))

[*1]
Lida’s Med. Supply, Inc. v Park Ins. Co.
2019 NY Slip Op 51282(U) [64 Misc 3d 144(A)]
Decided on August 2, 2019
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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 2, 2019

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


PRESENT: : MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ
2017-2119 K C
Lida’s Medical Supply, Inc., as Assignee of Cortwright, George, Respondent,

against

Park Ins. Co., Appellant.

Gullo & Associates, LLP (Kristina O’Shea of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Louis L. Nock, J.), entered August 16, 2017. The order, insofar as appealed from, denied defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant’s motion for summary judgment dismissing the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court as denied defendant’s motion which had sought 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 Alleviation Med. Servs., P.C., as Assignee of Hill, Laquan v Citiwide Auto Leasing (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-1220 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant’s motion for summary judgment dismissing the complaint is granted.

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


ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 02, 2019

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