October 27, 2017

Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51464(U))

Headnote

The relevant facts considered by the court were that Professional Health Imaging, P.C. sued State Farm Mutual Automobile Ins. Co. to recover assigned first-party no-fault benefits. State Farm Mutual Automobile Ins. Co. moved for summary judgment to dismiss the complaint on the grounds that Professional Health Imaging, P.C. had failed to appear for duly scheduled examinations under oath. In response, Professional Health Imaging, P.C. cross-moved for summary judgment or, in the alternative, to strike State Farm Mutual Automobile Ins. Co.'s answer and to compel them to respond to discovery demands. The main issue decided was whether State Farm Mutual Automobile Ins. Co. was entitled to summary judgment dismissing the complaint due to Professional Health Imaging, P.C.'s failure to appear for examinations under oath, and whether Professional Health Imaging, P.C. was entitled to summary judgment or alternative relief. The holding of the case was that the order granting State Farm Mutual Automobile Ins. Co.'s motion for summary judgment and denying Professional Health Imaging, P.C.'s cross motion was affirmed. The decision was in line with the ruling in Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co., and the costs of $25 were to be paid by Professional Health Imaging, P.C.

Reported in New York Official Reports at Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51464(U))

Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51464(U)) [*1]

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

2017 NY Slip Op 51464(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This opinion is uncorrected and will not be published in the printed Official Reports.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. 2014-2674 K C

Professional Health Imaging, P.C., as Assignee of Shawahn Pride, 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 (Steven Z. Mostofsky, J.), entered September 15, 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