August 2, 2019

NL Quality Med., P.C. v 21st Century Ins. Co. (2019 NY Slip Op 51269(U))

Headnote

The court considered the fact that NL Quality Medical, P.C. was seeking to recover assigned first-party no-fault benefits and that the complaint was dismissed on the grounds that the assignor had failed to appear for scheduled examinations under oath. The main issue decided was whether the provider could recover assigned first-party no-fault benefits when the assignor failed to appear for scheduled examinations under oath. The holding of the court was that the order granting the defendant's motion for summary judgment and dismissing the complaint was affirmed, and the plaintiff's cross-motion for summary judgment was denied. The court's decision was based on the reasoning stated in a similar case, Ocean One Physical Therapy, P.C., as Assignee of Maxim Savelyev v 21st Century Centennial Ins. Co., and the decision was made by P.J. Pesce, and Judges Weston and Aliotta.

Reported in New York Official Reports at NL Quality Med., P.C. v 21st Century Ins. Co. (2019 NY Slip Op 51269(U))

NL Quality Med., P.C. v 21st Century Ins. Co. (2019 NY Slip Op 51269(U)) [*1]

NL Quality Med., P.C. v 21st Century Ins. Co.

2019 NY Slip Op 51269(U) [64 Misc 3d 142(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2017-1768 K C

NL Quality Medical, P.C., as Assignee of Davis, Christina, Appellant,
against
21st Century Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Offices of Buratti, Rothenberg & Burns (Marisa Villafana-Jones of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), entered May 4, 2017. 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 examinations under oath and denied plaintiff’s cross motion for summary judgment.

For the reasons stated in Ocean One Physical Therapy, P.C., as Assignee of Maxim Savelyev v 21st Century Centennial Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-1778 K C], decided herewith), the order is affirmed.

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

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