Opinion
2021-50644
07-02-2021
Hand By Hand PT, P.C., as Assignee of Wanda Mocie, Appellant, v. Titan Indemnity Company, Respondent.
Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for respondent.
Unpublished Opinion
Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant.
Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for respondent.
PRESENT:: MICHELLE WESTON, J.P., DAVID ELLIOT, WAVNY TOUSSAINT, JJ
Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered August 9, 2019. 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 failed to appear for duly scheduled examinations under oath (EUOs).
In its motion, defendant established that initial and follow-up letters scheduling an EUO were timely mailed (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 A.D.3d 1123 [2008]); that plaintiff failed to appear on either date (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 A.D.3d 720 [2006]); and that the claims were timely denied on that ground (see St. Vincent's Hosp. of Richmond, 50 A.D.3d 1123). As defendant established its prima facie entitlement to summary judgment (see Nationwide Affinity Ins. Co. of Am. v George, 183 A.D.3d 755 [2020]), and plaintiff failed to raise a triable issue of fact in opposition to defendant's motion, the Civil Court properly granted defendant's motion for summary judgment dismissing the complaint.
Accordingly, the order is affirmed.
WESTON, J.P., ELLIOT and TOUSSAINT, JJ., concur.