August 2, 2019

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

Headnote

The court considered the case of Lida's Medical Supply, Inc. as the assignee of George Cortwright, who was seeking to recover first-party no-fault benefits from Park Insurance Company. The main issue decided was whether the defendant's motion for summary judgment, which sought to dismiss the complaint on the grounds that Cortwright had failed to appear for scheduled independent medical examinations, should be granted. The court held that for the same reasons stated in another case, Alleviation Med. Servs., P.C., as Assignee of Hill, Laquan v. Citiwide Auto Leasing, the defendant's motion for summary judgment should be granted. Therefore, the court reversed the order that denied the defendant's motion and granted summary judgment in favor of the defendant.

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

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This opinion is uncorrected and will not be published in the printed Official Reports.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