October 27, 2017

Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51458(U))

Headnote

The court considered a case in which Professional Health Imaging, P.C., as the assignee of Raymond St. Bernard, appealed an order from the Civil Court of the City of New York, Kings County, which granted State Farm Mutual Automobile Ins. Co.'s motion for summary judgment dismissing the complaint and denied Professional Health Imaging's cross motion for summary judgment or to strike State Farm's answer and compel them to respond to discovery demands. The main issue was whether the plaintiff had failed to appear for duly scheduled examinations under oath, and whether the defendant had the right to move for summary judgment based on this failure. The court held that the order to grant State Farm's motion for summary judgment and deny Professional Health Imaging's cross motion was affirmed and that the plaintiff had failed to appear for duly scheduled examinations under oath, providing grounds for the dismissal of the complaint.

Reported in New York Official Reports at Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51458(U))

Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51458(U)) [*1]

Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co.

2017 NY Slip Op 51458(U) [57 Misc 3d 146(A)]

Decided on October 27, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 27, 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
NO. 2014-2417 K C

Professional Health Imaging, P.C., as Assignee of Raymond St. Bernard, Appellant,
against
State Farm Mutual Automobile Ins. Co., Respondent.

Gary Tsirelman, P.C. (Irena Golodkeyer, Esq.), for appellant. Rivkin Radler, LLP (Stuart M. Bodoff, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Reginald A. Boddie, J.), entered August 20, 2014. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment or, in the alternative, to strike defendant’s answer and to compel defendant to respond to discovery demands.

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint on the ground that plaintiff had failed to appear for duly scheduled examinations under oath. Plaintiff cross-moved for summary judgment or, in the alternative, to strike defendant’s answer and to compel defendant to respond to discovery demands. Plaintiff appeals from an order of the Civil Court granting defendant’s motion and denying plaintiff’s cross motion.

For the reasons stated in Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co. (51 Misc 3d 143[A], 2016 NY Slip Op 50698[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016]), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: October 27, 2017