Opinion
2017-1997 K C
10-18-2019
Ksenia PAVLOVA, D.O., as Assignee of Alexandra Obas, Appellant, v. CITIWIDE AUTO LEASING, Respondent.
The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Miller, Leiby & Associates, P.C. (Evan Mizrahi of counsel), for respondent.
The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant.
Miller, Leiby & Associates, P.C. (Evan Mizrahi of counsel), for respondent.
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 denied plaintiff's motion for summary judgment and granted defendant's cross 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 Pavlova, as Assignee of Alexandra Obas v. Citiwide Auto Leasing (––– Misc 3d ––––, 2019 NY Slip Op –––– [appeal No. 2017-1967 K C], decided herewith), the order is affirmed.
PESCE, P.J., ALIOTTA and SIEGAL, JJ., concur.