August 12, 2022

RA Med. Servs., P.C. v Lancer Ins. Co. (2022 NY Slip Op 50794(U))

Headnote

The court considered the fact that the plaintiff, a medical services provider, was seeking to recover first-party no-fault benefits that had been assigned to them. The main issue decided was whether the defendant's motion for summary judgment to dismiss the complaint on the grounds that the plaintiff had failed to appear for duly scheduled examinations under oath should be granted. The holding of the case was that the order denying the defendant's motion for summary judgment and granting the plaintiff's cross motion for summary judgment was affirmed. The court's decision was based on reasons stated in a previous case, and it was affirmed by all judges.

Reported in New York Official Reports at RA Med. Servs., P.C. v Lancer Ins. Co. (2022 NY Slip Op 50794(U))

RA Med. Servs., P.C. v Lancer Ins. Co. (2022 NY Slip Op 50794(U)) [*1]

RA Med. Servs., P.C. v Lancer Ins. Co.

2022 NY Slip Op 50794(U) [76 Misc 3d 129(A)]

Decided on August 12, 2022

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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 12, 2022

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
2019-1442 K C

RA Medical Services, P.C., as Assignee of Saint-Flavin, Farra M., Respondent,
against
Lancer Insurance Co., Appellant.

Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered August 8, 2019. The order denied defendant’s motion for summary judgment dismissing the complaint and granted plaintiff’s cross motion for summary judgment.

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

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court denying defendant’s motion which had sought summary judgment dismissing the complaint on the ground that plaintiff had failed to appear for duly scheduled examinations under oath and granting plaintiff’s cross motion for summary judgment.

For the reasons stated in RA Med. Servs., P.C., as Assignee of Saint-Flavin, Farra M. v Lancer Ins. Co. (___ Misc 3d ___, 2022 NY Slip Op ______ [appeal No. 2019-1404 K C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 12, 2022