September 15, 2017
North Bronx Med. Health Care v Chubb Ins. Co. (2017 NY Slip Op 51200(U))
Headnote
Reported in New York Official Reports at North Bronx Med. Health Care v Chubb Ins. Co. (2017 NY Slip Op 51200(U))
| North Bronx Med. Health Care v Chubb Ins. Co. |
| 2017 NY Slip Op 51200(U) [57 Misc 3d 131(A)] |
| Decided on September 15, 2017 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 September 15, 2017
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
2015-50 Q C
against
Chubb Insurance Company, Appellant.
Matthew Brew & Associates, LLC (Matthew Brew, Esq.), for appellant. The Gitelis Law Firm, P.C., for respondent (no brief filed).
Appeal from an order of the Civil Court of the City of New York, Queens County (Ulyssses Bernard Leverett, J.), entered July 21, 2014. The order denied 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, defendant appeals from an order of the Civil Court which denied defendant’s motion which sought summary judgment dismissing the complaint upon the ground that plaintiff’s assignor had failed to appear for duly scheduled independent medical examinations.
For the reasons stated in Kappa Med., P.C. v Chubb Indem. Ins. Co. (___ Misc 3d ___, 2017 NY Slip Op ____ [appeal No. 2015-49 Q C], decided herewith), the order is affirmed.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk
Decision Date: September 15, 2017
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