Opinion
No. 2022-272 K C
03-24-2023
MT Physical Therapy, as Assignee of Yuri Ghazaryan, Appellant, v. Lancer Insurance, Respondent.
Law Office of Zara Javakov, Esq., P.C. (Victoria Tarasova of counsel), for appellant. Hollander Legal Group, P.C. (Allan S. Hollander and Brian Kaufman of counsel), for respondent.
Unpublished Opinion
Law Office of Zara Javakov, Esq., P.C. (Victoria Tarasova of counsel), for appellant.
Hollander Legal Group, P.C. (Allan S. Hollander and Brian Kaufman of counsel), for respondent.
PRESENT:: WAVNY TOUSSAINT, P.J., MARINA CORA MUNDY, LISA S. OTTLEY, JJ
Appeal from an order of the Civil Court of the City of New York, Kings County (Heela D. Capell, J.), dated March 3, 2022. 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 granting defendant's motion for summary judgment dismissing the complaint.
Contrary to plaintiff's sole contention, defendant made a prima facie showing that plaintiff's assignor's failure to appear for a duly scheduled examination under oath (EUO) on February 6, 2019 constitutes a failure to appear under the no-fault regulations (11 NYCRR 65-3.5). We note that defendant also established that the assignor failed to appear for a second scheduled EUO on March 7, 2019.
Accordingly, the order is affirmed.
TOUSSAINT, P.J., MUNDY and OTTLEY, JJ., concur.