November 8, 2019

Medical Records Retrieval, Inc. v Hereford Ins. Co. (2019 NY Slip Op 51813(U))

Headnote

The relevant facts considered by the court were that the plaintiff, Medical Records Retrieval, Inc., doing business as Kamara Supplies, as assignee of Rosa McCabe, was seeking to recover assigned first-party no-fault benefits. The main issue decided was whether the defendant insurance company was entitled to summary judgment dismissing the complaint on the basis that the plaintiff's assignor had failed to appear for duly scheduled independent medical examinations. The holding of the case was that the court affirmed the order granting the defendant's motion for summary judgment dismissing the complaint and denied the plaintiff's cross motion for summary judgment. The court's decision was based on the same reasons as another related case, Allay Med. Servs., P.C., as assignee of Harrison, Henry v Travelers Ins. Co. The decision was entered on November 8, 2019.

Reported in New York Official Reports at Medical Records Retrieval, Inc. v Hereford Ins. Co. (2019 NY Slip Op 51813(U))

Medical Records Retrieval, Inc. v Hereford Ins. Co. (2019 NY Slip Op 51813(U)) [*1]

Medical Records Retrieval, Inc. v Hereford Ins. Co.

2019 NY Slip Op 51813(U) [65 Misc 3d 148(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2018-981 K C

Medical Records Retrieval, Inc., Doing Business as Kamara Supplies, as Assignee of Rosa McCabe, Appellant,
against
Hereford Insurance Company, Respondent.

Law Office of Melissa Betancourt, P.C. (Melissa Betancourt of counsel), for appellant. Law Offices of Rubin & Nazarian (Andrew Schiavone of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Richard J. Montelione, J.), entered March 7, 2018. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment.

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’s assignor had failed to appear for duly scheduled independent medical examinations, and denied plaintiff’s cross motion for summary judgment.

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