Opinion
2015–2059 K C
12-19-2017
CHAPA PRODUCTS CORP., as Assignee of Luz Ortega, Appellant, v. ELRAC, INC., Respondent.
The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Carman, Callahan & Ingham, LLP (Paul A. Barrett, Esq.), for respondent.
The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant.
Carman, Callahan & Ingham, LLP (Paul A. Barrett, Esq.), for respondent.
PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, 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).
Contrary to plaintiff's only contention, the proof submitted by defendant was sufficient to demonstrate that plaintiff's assignor had failed to appear for the scheduled IMEs (see Stephen Fogel Psychological, P.C. v. Progressive Cas. Ins. Co. , 35 AD3d 720 [2006] ).
Accordingly, the order is affirmed.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.