Opinion
2013–1000 Q C.
11-09-2015
DELTA DIAGNOSTIC RADIOLOGY, P.C. as Assignee of Janay Wildes, Appellant, v. AMERICAN TRANSIT INC. CO., Respondent.
Opinion
ORDERED that the order is affirmed, with $25 costs.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment, and defendant cross-moved for summary judgment dismissing the complaint on the ground that it had timely and properly denied the claims based on plaintiff's assignor's failure to appear for examinations under oath (EUOs). The Civil Court denied plaintiff's motion and granted defendant's cross motion.
Contrary to plaintiff's sole contention on appeal with respect to defendant's cross motion, the affidavit submitted by defendant in support of its cross motion established the timely and proper mailing of the EUO 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 SOLOMON, JJ., concur.