May 14, 2021

Quest Supply, Inc. v Praetorian Ins. Co. (2021 NY Slip Op 50437(U))

Headnote

The main issue in this case was whether the plaintiff, Quest Supply, Inc., as assignee of Valerio Marck, was entitled to recover assigned first-party no-fault benefits from the defendant, Praetorian Ins. Co. The court granted the defendant's cross motion for summary judgment, as they had shown that the plaintiff's assignor failed to appear for duly scheduled independent medical examinations (IMEs). The court held that the defendant's proof sufficiently established that the assignor had failed to appear for the scheduled IMEs, and therefore affirmed the order of the Civil Court granting summary judgment dismissing the complaint. The Appellate Term, Second Department, affirmed the order, with each judge concurring. The decision was entered on May 14, 2021.

Reported in New York Official Reports at Quest Supply, Inc. v Praetorian Ins. Co. (2021 NY Slip Op 50437(U))

Quest Supply, Inc. v Praetorian Ins. Co. (2021 NY Slip Op 50437(U)) [*1]

Quest Supply, Inc. v Praetorian Ins. Co.

2021 NY Slip Op 50437(U) [71 Misc 3d 137(A)]

Decided on May 14, 2021

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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 14, 2021

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

PRESENT: : THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ
2019-369 K C

Quest Supply, Inc., as Assignee of Valerio Marck, Appellant,
against
Praetorian Ins. Co., Respondent.

Gary Tsirelman, P.C. (Douglas Mace of counsel), for appellant. Law Offices of Moira Doherty, P.C. (Maureen Knodel of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Odessa Kennedy, J.), entered January 15, 2019. The order, insofar as appealed from as limited by the brief, granted defendant’s cross motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals, as limited by the brief, from so much of an order of the Civil Court as granted defendant’s cross motion for summary judgment dismissing the complaint on the ground that plaintiff’s assignor had failed to appear for duly scheduled independent medical examinations (IMEs).

Contrary to plaintiff’s sole contention, defendant’s proof sufficiently established that plaintiff’s assignor had failed to appear for the scheduled IMEs (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720 [2006]).

Accordingly, the order, insofar as appealed from, is affirmed.

ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: May 14, 2021