November 8, 2019

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

https://www.beynensonlaw.com/case-law/lvov-acupuncture-p-c-v-hereford-ins-co-2019-ny-slip-op-51809u/

Court: Appellate Term, Second Department
Decided: November 8, 2019
Citation: 2019 NY Slip Op 51809(U) · 65 Misc 3d 147(A)
Posture: Summary judgment
Outcome: Insurer prevailed
Issues: EUO no-show

Cite as

Lvov Acupuncture, P.C. v Hereford Ins. Co., 65 Misc 3d 147(A), 2019 NY Slip Op 51809(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 dismissing the provider's claims for failure to appear at scheduled EUOs was granted and upheld. The Appellate Term, Second Department, affirmed for the reasons stated in the companion appeal decided the same day, Allay Med. Servs., P.C. v Travelers Ins. Co., No. 2017-2383 K C.

Reported in New York Official Reports at 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This opinion is uncorrected and will not be published in the printed Official Reports.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

Similar decisions

LMS Acupuncture, P.C. v State Farm Mut. Automotive Ins. Co. (2019 NY Slip Op 50696(U))An insurer need not state objective reasons for requesting EUOs to obtain summary judgment based on a provider's nonappearance.
Oleg’s Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co. (2019 NY Slip Op 50761(U))The insurer's motion for summary judgment based on the provider's failure to appear for EUOs was granted on appeal.
Oriental Health Acupuncture, P.C. v 21st Century Ins. Co. (2018 NY Slip Op 51761(U))The provider's challenge to ineffective delay letters did not defeat the insurer's summary judgment motion based on EUO nonappearance.
LVOV Acupuncture, P.C. v Personal Serv. Ins. Co. (2025 NY Slip Op 51176(U))The insurer's appeal from an order directing a traverse hearing on its dismissal motion was dismissed.
LMS Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co. (2018 NY Slip Op 51655(U))An insurer need not state objective reasons for requesting EUOs to establish prima facie entitlement to summary judgment for nonappearance.