Abc Physical Therapy, P.C. v. Utica Mut. Ins. Co.

Full title: ABC Physical Therapy, P.C., as Assignee of OWEN MINNS, Appellant, v. Utica…

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

Date published: Nov 1, 2016

2016 N.Y. Slip Op. 51614 (N.Y. App. Term 2016)

48 N.Y.S.3d 264

Opinion

No. 2014–22 Q C.

11-01-2016

ABC PHYSICAL THERAPY, P.C., as Assignee of Owen Minns, Appellant, v. UTICA MUTUAL INSURANCE COMPANY, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered November 20, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

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

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

For the reasons stated in Art of Healing Medicine, P.C., as Assignee of Owen Minns v. Utica Mut. Ins. Co. (––– Misc.3d ––––, 2016 N.Y. Slip Op –––– [appeal No.2013–2716 Q C], decided herewith), the order is affirmed.

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