Lenex Servs., Inc. v. Travelers Ins.

Full title: Lenex Services, Inc., as Assignee of Young Sheldon, Appellant, v…

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

Date published: Nov 8, 2019

65 Misc. 3d 148 (N.Y. App. Term 2019)

2019 N.Y. Slip Op. 51814

119 N.Y.S.3d 684

Opinion

2018-1402 K C

11-08-2019

LENEX SERVICES, INC., as Assignee of Young Sheldon, Appellant, v. TRAVELERS INSURANCE, Respondent.

Zara Javakov, P.C. (Zara Javakov of counsel), for appellant. Law Office of Aloy O. Ibuzor, for respondent (no brief filed).

Zara Javakov, P.C. (Zara Javakov of counsel), for appellant.

Law Office of Aloy O. Ibuzor, for respondent (no brief filed).

PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ

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.

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.