Opinion
2018-2017 K C
08-28-2020
Ksenia PAVLOVA, D.O., as Assignee of Ferril, Gabriel J., Appellant, v. NATIONWIDE INS., Respondent.
The Rybak Firm, PLLC (Damin Toell of counsel), for appellant. Hollander Legal Group, P.C. (Allan Hollander of counsel), for respondent.
The Rybak Firm, PLLC (Damin Toell of counsel), for appellant.
Hollander Legal Group, P.C. (Allan Hollander of counsel), for respondent.
PRESENT: THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, WAVNY TOUSSAINT, 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 granting 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), and denying plaintiff's cross motion for summary judgment.
Contrary to plaintiff's sole contention, defendant's proof sufficiently established that plaintiff's assignor had failed to appear for the scheduled EUOs (see Stephen Fogel Psychological, P.C. v. Progressive Cas. Ins. Co. , 35 AD3d 720 [2006] ).
Accordingly, the order is affirmed.
ALIOTTA, P.J., ELLIOT and TOUSSAINT, JJ., concur.