November 16, 2018

Pavlova v State Farm Mut. Auto. Ins. Co. (2018 NY Slip Op 51634(U))

https://www.beynensonlaw.com/case-law/pavlova-v-state-farm-mut-auto-ins-co-2018-ny-slip-op51634u/

Court: Appellate Term, Second Department
Decided: November 16, 2018
Citation: 2018 NY Slip Op 51634(U) · 61 Misc 3d 141(A)
Posture: Summary judgment
Outcome: Insurer prevailed
Issues: EUO no-show

Cite as

Pavlova v State Farm Mut. Auto. Ins. Co., 61 Misc 3d 141(A), 2018 NY Slip Op 51634(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2018)

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 dismissing the complaint on the provider's EUO nonappearance was affirmed. The Appellate Term, Second Department, affirmed the Civil Court, Kings County, order for the reasons stated in the companion appeal decided the same day, No. 2016-428 K C.

Reported in New York Official Reports at Pavlova v State Farm Mut. Auto. Ins. Co. (2018 NY Slip Op 51634(U))

[*1]

Pavlova v State Farm Mut. Auto. Ins. Co.

2018 NY Slip Op 51634(U) [61 Misc 3d 141(A)]

Decided on November 16, 2018

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This opinion is uncorrected and will not be published in the printed Official Reports.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 16, 2018

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2016-440 K C

Ksenia Pavlova, D.O., as Assignee of Scurry, Kevin, Appellant,
against
State Farm Mutual Automobile Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Rivkin Radler, LLP (Stuart M. Bodoff and Cheryl F. Korman of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Theresa M. Ciccotto, J.), entered January 26, 2016. 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 Pavlova, as Assignee of Scurry, Kevin v State Farm Mut. Auto. Ins. Co. (__ Misc 3d ___, 2018 NY Slip Op _____ [appeal No. 2016-428 K C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 16, 2018

Similar decisions

Pavlova v Hartford Ins. Co. (2019 NY Slip Op 50695(U))The insurer's motion for summary judgment based on the provider's failure to attend duly scheduled EUOs was granted and affirmed on appeal.
Pavlova v Allstate Ins. Co. (2018 NY Slip Op 51061(U))The insured's EUO testimony and affidavit established that the alleged injury did not arise from an insured incident.
Pavlova v Country Wide Ins. Co. (2018 NY Slip Op 50843(U))The insurer's cross motion for summary judgment was granted on the ground that it had issued no policy covering the loss.
Pavlova v Nationwide Ins. (2020 NY Slip Op 50999(U))The insurer's summary judgment motion based on the assignor's EUO nonappearance was granted, and the provider's cross motion was denied.
Pavlova v ELRAC, Inc. (2018 NY Slip Op 50823(U))The self-insurer's summary judgment dismissal for the provider's EUO nonappearance was affirmed on proof of timely denial mailing.