September 22, 2026

RVA Leasing Corp. v Nationwide Mut. Ins. Co. (2026 NY Slip Op 51528(U))

Headnote

A provider sued for first-party no-fault benefits, and the insurer's unopposed motion for summary judgment dismissing the complaint was denied by Civil Court. The Appellate Term, First Department reversed. It held that the insurer made a prima facie showing that it timely and properly mailed notices for examinations under oath and that the plaintiff failed to appear at the initial and follow-up EUOs. Failure to attend EUOs violates a condition precedent to coverage. The plaintiff's argument that the insurer failed to show the EUO requests were reasonable was raised for the first time on appeal and was unpreserved. Summary judgment dismissing the complaint was granted.

Reported in New York Official Reports at RVA Leasing Corp. v Nationwide Mut. Ins. Co. (2026 NY Slip Op 51528(U))

RVA Leasing Corp. v Nationwide Mut. Ins. Co.

2026 NY Slip Op 51528(U)

Decided on September 22, 2026

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This opinion is uncorrected and will not be published in the printed Official Reports.

Digest-Index Classification: Insurance—No-Fault Automobile Insurance-Timely Mailing of Notices for Examinations under Oath-Failure to Appear

RVA Leasing Corp. a/a/o Karlanny Conti Romero, Plaintiff-Respondent,

Nationwide Mutual Insurance Company, Defendant-Appellant.

Supreme Court, Appellate Term, First Department

Decided on September 22, 2026

571016/26

Present: James, P.J., Brigantti, Alpert, JJ.

Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Edit Shkreli, J.), dated July 28, 2025, which denied defendant’s motion for summary judgment dismissing the complaint.

[*1]

Per Curiam.

Order (Edit Shkreli, J.), dated July 28, 2025, reversed, with $10 costs, and defendant’s motion for summary judgment dismissing the complaint is granted. 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 it timely and properly mailed the notices for examinations under oath [EUO] to plaintiff and that plaintiff failed to appear at the initial and follow-up EUOs (see Kemper Independence Ins. Co. v Cornerstone Chiropractic, P.C., 185 AD3d 468, 469 [2020]; Mapfre Ins. Co. of NY v Manoo, 140 AD3d 468, 470 [2016]; Town RX Inc. v Nationwide Mut. Ins. Co., 87 Misc 3d 132(A) [App Term, 1st Dept 2025]). Plaintiff’s failure to attend the EUOs is a violation of a condition precedent to coverage (see Hertz Corp. v Active Care Med. Supply Corp., 124 AD3d 411, 411 [2015]).

Plaintiff’s argument that defendant failed to establish that the EUO requests were reasonable is improperly raised for the first time on appeal and therefore is unpreserved for our review (see Massaro v Manfredi Auto Cent., LLC, 248 AD3d 514, 514 [2026]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: September 22, 2026