December 6, 2011

Socrates Med. Health, P.C. v Praetorian Ins. Co. (2011 NY Slip Op 52174(U))

Headnote

The court considered the facts of a medical insurance company's motion for summary judgment dismissing a complaint filed by Socrates Medical Health, P.C. on behalf of Juan Acevedo to recover assigned first-party no-fault benefits. The insurance company's submissions established its proper mailing of notices of independent medical examinations (IMEs) and that the assignor failed to appear. In opposition, Socrates Medical Health, P.C. failed to raise a triable issue regarding the reasonableness of the requests or the assignor's failure to attend the IMEs. The main issue decided was whether the insurance company's submissions established a prima facie case for the motion for summary judgment, and whether Socrates Medical Health, P.C. was able to raise a triable issue for the denial of the motion. The holding of the case was that the order of the Civil Court of the City of New York, Bronx County denying the insurance company's motion for summary judgment was reversed, with costs, and the motion was granted and the complaint was dismissed.

Reported in New York Official Reports at Socrates Med. Health, P.C. v Praetorian Ins. Co. (2011 NY Slip Op 52174(U))

Socrates Med. Health, P.C. v Praetorian Ins. Co. (2011 NY Slip Op 52174(U)) [*1]

Socrates Med. Health, P.C. v Praetorian Ins. Co.

2011 NY Slip Op 52174(U) [33 Misc 3d 140(A)]

Decided on December 6, 2011

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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 6, 2011

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570272/11.

Socrates Medical Health, P.C. a/a/o Juan Acevedo, Plaintiff-Respondent, – –
against
Praetorian Insurance Company, Defendant-Appellant.

Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Raul Cruz, J.), entered January 11, 2011, which denied its motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Raul Cruz, J.), entered January 11, 2011, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

In this action to recover assigned first-party no-fault benefits, defendant’s submissions established prima facie its proper mailing of the notices of the independent medical examinations (IMEs) and that the assignor failed to appear (see Unitrin Advantage Ins. Co. v Bayshore Physical Therapy, PLLC, 82 AD3d 559, 560 [2011], lv denied 17 NY3d 705 [2011]; Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720, 721 [2006]). In opposition, plaintiff failed to raise a triable issue regarding the reasonableness of the requests or the assignor’s failure to attend the IMEs (see Unitrin Advantage Ins. Co., 82 AD3d at 560; Inwood Hill Med., P.C. v General Assur. Co., 10 Misc 3d 18, 20 [2005]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 06, 2011