November 8, 2019

Lvov Acupuncture, P.C. v Hereford Ins. Co. (2019 NY Slip Op 51809(U))

Headnote

The court considered the fact that Lvov Acupuncture, P.C. had filed a complaint seeking to recover first-party no-fault benefits, but defendant Hereford Insurance Co. had granted a motion for summary judgment dismissing the complaint on the basis that Lvov Acupuncture had failed to appear for scheduled examinations under oath. The main issue decided was whether the provider had failed to appear for duly scheduled examinations under oath, and therefore was not entitled to recover first-party no-fault benefits. The holding of the court was that the order granting the defendant's motion for summary judgment dismissing the complaint was affirmed. The court cited a similar case, Allay Med. Servs., P.C., as Assignee of Harrison, Henry v Travelers Ins. Co., and found that the reasons stated in that case applied to the present case as well. Therefore, the order was affirmed.

Reported in New York Official Reports at Lvov Acupuncture, P.C. v Hereford Ins. Co. (2019 NY Slip Op 51809(U))

Lvov Acupuncture, P.C. v Hereford Ins. Co. (2019 NY Slip Op 51809(U)) [*1]

Lvov Acupuncture, P.C. v Hereford Ins. Co.

2019 NY Slip Op 51809(U) [65 Misc 3d 147(A)]

Decided on November 8, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 8, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ
2018-732 K C

Lvov Acupuncture, P.C., as Assignee of Iesha George, Appellant,
against
Hereford Insurance Co., Respondent.

Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Goldberg, Miller & Rubin (Matthew Lavoie 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 December 20, 2017. 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 Allay Med. Servs., P.C., as Assignee of Harrison, Henry v Travelers Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-2383 K C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 08, 2019