Opinion
2014-1910 K C
09-08-2017
Gentlecare Ambulatory Anesthesia Services; Lyonel F. Paul, M.D., as Assignee of Jean-Charles, Claudine, Appellant, v. State Farm Mutual Automobile Ins. Co., Respondent.
PRESENT: :
The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. De Martini & Yi, LLP (Bryan Visnius, Esq.), for respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered June 17, 2014. The order granted defendant's motion for summary judgment dismissing the complaint.
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 examinations under oath (EUOs).
There is no merit to the arguments raised by plaintiff with respect to the sufficiency of defendant's proof that the EUO scheduling letters and denial of claim forms had been timely and properly mailed (see generally 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. Paul Kenny Chief Clerk Decision Date: September 08, 2017