Opinion
2018-981 K C
11-08-2019
MEDICAL RECORDS RETRIEVAL, INC., Doing Business as Kamara Supplies, as Assignee of Rosa McCabe, Appellant, v. HEREFORD INSURANCE COMPANY, Respondent.
Law Office of Melissa Betancourt, P.C. (Melissa Betancourt of counsel), for appellant. Law Offices of Rubin & Nazarian (Andrew Schiavone of counsel), for respondent.
Law Office of Melissa Betancourt, P.C. (Melissa Betancourt of counsel), for appellant.
Law Offices of Rubin & Nazarian (Andrew Schiavone of counsel), for respondent.
PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ
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 independent medical examinations, and denied plaintiff's cross motion for summary judgment.
For the reasons stated in Allay Med. Servs., P.C., as Assignee of Harrison, Henry v. Travelers Ins. Co. ( ––– Misc 3d ––––, 2019 NY Slip Op –––– [appeal No. 2017-2383 K C], decided herewith), the order is affirmed.
PESCE, P.J., ALIOTTA and SIEGAL, JJ., concur.