Opinion
No. 2022-50769 No. 2019-955 K C
07-15-2022
Chi P&L Acupuncture, P.C., as Assignee of Jordan Abenathy, Ariel Snow, Raffy MartinezOrtiz, Sasha Serrano, Michelle Compres and Adrian Guzman, Respondent, v. GEICO General Ins. Co., Appellant.
Rivkin Radler, LLP (Stuart M. Bodoff of counsel), for appellant. Zara Javakov, P.C. (Zara Javakov of counsel), for respondent.
Unpublished Opinion
Rivkin Radler, LLP (Stuart M. Bodoff of counsel), for appellant.
Zara Javakov, P.C. (Zara Javakov of counsel), for respondent.
PRESENT:: THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ.
Appeal from an order of the Civil Court of the City of New York, Kings County (Lorna J. McAllister, J.), entered January 23, 2019. The order, insofar as appealed from as limited by the brief, denied defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.
In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals, as limited by its brief, from so much of an order of the Civil Court as denied defendant's motion which had sought summary judgment dismissing the complaint on the ground that plaintiff failed to appear for duly scheduled examinations under oath.
For the reasons stated in Chi P & L Acupuncture, P.C., as Assignee of Oscar Fleming v GEICO Gen. Ins. Co. (- Misc.3d -, 2022 NY Slip Op - [appeal No. 2019-954 K C], decided herewith), the order, insofar as appealed from, is affirmed.
ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.