Opinion
2020-742 K C
01-21-2022
JFL Medical Care, P.C., as Assignee of Durham, Sarah, Appellant, v. Lancer Insurance Co., Respondent.
The Rybak Firm, PLLC (Damin J. Toell and Richard Rozhik of counsel), for appellant. Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for respondent.
Unpublished Opinion
The Rybak Firm, PLLC (Damin J. Toell and Richard Rozhik of counsel), for appellant.
Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for respondent.
PRESENT:: THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ
Appeal from an order of the Civil Court of the City of New York, Kings County (Jill R. Epstein, J.), entered November 7, 2019. 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 granting defendant's motion for summary judgment dismissing the complaint and denying plaintiff's cross motion for summary judgment.
Contrary to plaintiff's only contention with respect to defendant's motion for summary judgment, defendant established that the independent medical examination scheduling letters had been mailed to plaintiff's assignor (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 A.D.3d 1123 [2008]; Madison Prods. of USA, Inc. v 21st Century Ins. Co., 71 Misc.3d 138 [A], 2021 NY Slip Op 50446[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists [2021]).
In view of the foregoing, plaintiff's cross motion for summary judgment was properly denied.
Accordingly, the order is affirmed.
ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.