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Atlas Orthosurgery, P.C. v. Am. Transit Ins. Co.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Oct 18, 2019
65 Misc. 3d 139 (N.Y. App. Term 2019)

Opinion

2018-744 K C

10-18-2019

ATLAS ORTHOSURGERY, P.C., as Assignee of Jackxuell Delgado, Appellant, v. AMERICAN TRANSIT INSURANCE COMPANY, Respondent.

Zara Javakov, P.C. (Zara Javakov of counsel), for appellant. Law Office of Daniel J. Tucker, for respondent (no brief filed).


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

Law Office of Daniel J. Tucker, 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's assignor had failed to appear for duly scheduled independent medical examinations (IMEs), and denied plaintiff's cross motion for summary judgment.

Contrary to plaintiff's sole contention, the proof submitted by defendant was sufficient to establish the proper mailing of the IME scheduling letters (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co. , 50 AD3d 1123 [2008] ).

Accordingly, the order is affirmed.

PESCE, P.J., ALIOTTA and SIEGAL, JJ., concur.


Summaries of

Atlas Orthosurgery, P.C. v. Am. Transit Ins. Co.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Oct 18, 2019
65 Misc. 3d 139 (N.Y. App. Term 2019)
Case details for

Atlas Orthosurgery, P.C. v. Am. Transit Ins. Co.

Case Details

Full title:Atlas Orthosurgery, P.C., as Assignee of Jackxuell Delgado, Appellant, v…

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

Date published: Oct 18, 2019

Citations

65 Misc. 3d 139 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 51697
119 N.Y.S.3d 376