Opinion
2018-651 K C
11-08-2019
ALLAY MEDICAL SERVICES, P.C., as Assignee of Guillaume, Stephane, Appellant, v. AMERIPRISE AUTO & HOME, Respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County ( Michael Gerstein, J.), entered November 30, 2017. The order granted defendant's motion for summary judgment dismissing the complaint and denied 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, 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 had failed to appear for duly scheduled examinations under oath, and denied plaintiff's cross motion for summary judgment.
For the reasons stated in Allay Med. Servs., P.C., as Assignee of Harrison, Henry v Travelers Ins. Co. (––– Misc 3d ––––, 2019 NY Slip Op –––– [appeal No. 2017-2383 K C], decided herewith), the order is affirmed.
PESCE, P.J., ALIOTTA and SIEGAL, JJ., concur.