August 2, 2019

Sure Way NY, Inc. v Travelers Ins. Co. (2019 NY Slip Op 51266(U))

Headnote

The relevant facts considered by the court were that the plaintiff, Sure Way NY, Inc., had filed a lawsuit seeking to recover assigned first-party no-fault benefits from the defendant, Travelers Insurance Company. The defendant had filed a motion for summary judgment to dismiss the complaint on the grounds that the plaintiff had failed to appear for duly scheduled examinations under oath. The main issue decided by the court was whether the defendant was entitled to summary judgment based on the plaintiff's failure to appear for scheduled exams. The holding of the court was that the order granting the defendant's motion for summary judgment was reversed, and the defendant's motion was denied, with the plaintiff being awarded costs of $30. The court's decision was based on the reasoning stated in a related case, Zen Acupuncture, P.C., as Assignee of Figueroa Lizzette v Ameriprise Ins. Co.

Reported in New York Official Reports at Sure Way NY, Inc. v Travelers Ins. Co. (2019 NY Slip Op 51266(U))

Sure Way NY, Inc. v Travelers Ins. Co. (2019 NY Slip Op 51266(U)) [*1]

Sure Way NY, Inc. v Travelers Ins. Co.

2019 NY Slip Op 51266(U) [64 Misc 3d 142(A)]

Decided on August 2, 2019

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This opinion is uncorrected and will not be published in the printed Official Reports.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 2, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ
2017-1378 K C

Sure Way NY, Inc., as Assignee of Constatino, Rachel, Appellant,
against
Travelers Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Offices of Aloy O. Ibuzor (Gregory W. Broido of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Katherine A. Levine, J.), entered December 20, 2016. The order granted defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant’s motion for summary judgment dismissing the complaint is denied.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court granting 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.

For the reasons stated in Zen Acupuncture, P.C., as Assignee of Figueroa Lizzette v Ameriprise Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-915 K C], decided herewith), the order is reversed and defendant’s motion for summary judgment dismissing the complaint is denied.

PESCE, P.J., WESTON and ALIOTTA, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 02, 2019