Opinion
No. 570041/12.
2013-03-1
RDB MEDICAL CARE, P.C., Plaintiff–Respondent, v. PRAETORIAN INSURANCE COMPANY, Defendant–Appellant.
Defendant appeals from so much of an order of the Civil Court of the City of New York, Bronx County (Donald A. Miles, J.), entered July 20, 2011, as denied its motion for summary judgment dismissing the complaint.
Present: TORRES, J.P., SCHOENFELD, SHULMAN, JJ.
PER CURIAM.
Order (Donald A. Miles, J.), entered July 20, 2011, modified to dismiss plaintiff's first through sixth, and ninth trough twelfth causes of action; as modified, order affirmed, without costs.
The defendant-insurer made a prima facie showing of entitlement to summary judgment dismissing the no-fault claims set forth in the first through sixth, and ninth through twelfth causes of action, by establishing that it timely and properly mailed the notices for independent medical examinations (IMEs) to plaintiff's assignor, and that the assignor failed to appear ( see Unitrin Advantage Ins. Co. v. Bayshore Physical Therapy, PLLC, 82 AD3d 559, 560 [2011],lv denied17 NY3d 705 [2011];cf. Stephen Fogel Psychological, P.C. v. Progressive Cas. Ins. Co., 35 AD3d 720, 721 [2006] ). In opposition, plaintiff did not specifically deny the assignor's nonappearance or otherwise raise a triable issue with respect thereto, or as to the mailing or reasonableness of the underlying notices ( see Unitrin at 560).