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Healthy Way Acupuncture, P.C. v. Allstate Ins. Co.

Supreme Court, Appellate Term, First Department, New York.
May 30, 2014
43 Misc. 3d 141 (N.Y. App. Term 2014)

Opinion

No. 570175/14.

2014-05-30

HEALTHY WAY ACUPUNCTURE, P.C. a/a/o Anthony Ng, Plaintiff–Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant–Respondent.


Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Robert R. Reed, J.), entered September 30, 2013, which granted defendant's motion for summary judgment dismissing the complaint.
Present: SCHOENFELD, J.P., SHULMAN, LING–COHAN, JJ. PER CURIAM.

Order (Robert R. Reed, J.), entered September 30, 2013, affirmed, with $10 costs.

The defendant-insurer made a prima facie showing of entitlement to summary judgment dismissing the action for first-party no-fault benefits by establishing that it timely and properly mailed the notices for independent medical examinations (IMEs) to plaintiff's assignor, and that the assignor failed to appear ( see American Tr. Ins. Co. v. Lucas, 111 AD3d 423 [2013]; American Tr. Ins. Co. v. Solorzano, 108 AD3d 449 [2013] ). In opposition, plaintiff did not specifically deny the assignor's nonappearance or otherwise raise a triable issue with respect thereto, or as to the mailing or reasonableness of the underlying notices ( see Unitrin Advantage Ins. Co. v. Bayshore Physical Therapy, PLLC, 82 AD3d 559, 560 [2011], lv denied 17 NY3d 705 [2011] ). “Accordingly, when [plaintiff's] assignor[ ] failed to appear for the requested medical exams, [defendant] had the right to deny all claims retroactively to the date of loss, regardless of whether the denials were timely issued” ( American Tr. Ins. Co. v. Lucas, 111 AD3d at 424), and even though defendant initially denied the claims on different grounds ( see Unitrin, 82 AD3d at 560).


Summaries of

Healthy Way Acupuncture, P.C. v. Allstate Ins. Co.

Supreme Court, Appellate Term, First Department, New York.
May 30, 2014
43 Misc. 3d 141 (N.Y. App. Term 2014)
Case details for

Healthy Way Acupuncture, P.C. v. Allstate Ins. Co.

Case Details

Full title:HEALTHY WAY ACUPUNCTURE, P.C. a/a/o Anthony Ng, Plaintiff–Appellant, v…

Court:Supreme Court, Appellate Term, First Department, New York.

Date published: May 30, 2014

Citations

43 Misc. 3d 141 (N.Y. App. Term 2014)
2014 N.Y. Slip Op. 50841
993 N.Y.S.2d 644