Opinion
No. 570206/10.
Decided July 21, 2010.
Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Mitchell J. Danziger, J.), dated April 28, 2009, which denied its motion for summary judgment dismissing the complaint.
Order (Mitchell J. Danziger, J.), dated April 28, 2009, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.
PRESENT: McKeon, P.J., Shulman, Hunter, Jr., JJ.
In this action to recover assigned first-party no-fault benefits, defendant established prima facie that it mailed the notices of the independent medical examinations (IMEs) to the assignors and that the assignors failed to appear for the IMEs ( Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co. , 35 AD3d 720 , 721). In opposition, plaintiff failed to raise a triable issue regarding the reasonableness of the requests or the assignors' failure to attend the IMEs ( see Inwood Hill Med. v General Assurance Co. , 10 Misc 3d 18 , 20). Thus, defendant was entitled to summary judgment dismissing the complaint based upon plaintiff's failure to comply with a condition precedent to coverage ( see id.).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur