November 13, 2025

Quazi R. Med. Servs., PC v Nationwide Mut. Ins. Co. (2025 NY Slip Op 51784(U))

Headnote

The court considered that the defendant, Nationwide Mutual Insurance Company, made an unopposed motion for summary judgment in a case involving first-party no-fault benefits, asserting that the plaintiff, Quazi R. Medical Services, failed to appear for scheduled examinations under oath (EUOs). A key issue was whether the defendant's request for verification, which occurred one day past the standard 15-day timeframe set by regulations but prior to the expiration of a 30-day claim denial period, invalidated its requests. The court concluded that the late request did not invalidate the verification requirements and maintained that it merely shortened the timeframe for claim payment or denial. Ultimately, the appellate court reversed the lower court's decision, granted the defendant's motion for summary judgment, and dismissed the complaint, affirming that the plaintiff's failure to comply with the examination requests warranted this outcome.

Reported in New York Official Reports at Quazi R. Med. Servs., PC v Nationwide Mut. Ins. Co. (2025 NY Slip Op 51784(U))

[*1]

Quazi R. Med. Servs., PC v Nationwide Mut. Ins. Co.

2025 NY Slip Op 51784(U)

Decided on November 13, 2025

Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 13, 2025

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: James, P.J., Brigantti, Alpert, JJ.
571054/25

Quazi R. Medical Services, PC, a/a/o Geuel King, Plaintiff-Respondent,

against

Nationwide Mutual Ins. Co., Defendant-Appellant.

Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Lauren L. Esposito, J.), entered February 10, 2025, which denied its motion for summary judgment.

Per Curiam.

Order (Lauren L. Esposito, J.), entered February 10, 2025, reversed, without costs, defendant’s motion for summary judgment granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Defendant-insurer’s unopposed motion for summary judgment dismissing this action for first-party, no-fault benefits should have been granted. Defendant made a prima facie showing that plaintiff failed to appear at properly scheduled examinations under oath (EUOs) (see Kemper Independence Ins. Co. v Cornerstone Chiropractic, P.C., 185 AD3d 468 [2020]; Hertz Vehs. LLC v Significant Care, PT, P.C., 157 AD3d 600, 601 [2018]; Mapfre Ins. Co. of NY v Manoo, 140 AD3d 468, 469 [2016]). Contrary to the conclusion reached below, defendant’s request for verification one day beyond the prescribed 15-day period set forth in 11 NYCRR § 65—3.5 [b], but before the 30-day claim denial window expired, did not render its requests invalid, but merely reduced the 30-day time period for payment or denial of the claim (see Hospital for Joint Diseases v Travelers Prop. Cas. Ins. Co., 9 NY3d 312, 318 [2007]; Nyack Hosp. v General Motors Acceptance Corp., 8 NY3d 294, 300 [2007]; Burke Physical Therapy, P.C. v State Farm Mut. Auto. Ins. Co., 83 Misc 3d 41, 43 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2024]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: November 13, 2025