Opinion
No. 2014–1714 K C.
09-22-2017
T & S MEDICAL SUPPLY CORP., as Assignee of Claudine Charles Jean, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., Respondent.
De Martini & Yi, LLP (Arthur J. DeMartini, Esq.), for respondent.
De Martini & Yi, LLP (Arthur J. DeMartini, Esq.), for respondent.
Present: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, 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 examinations under oath (EUOs).
Contrary to plaintiff's sole argument on appeal, defendant properly tolled its time to pay or deny the claim at issue through its initial and follow-up EUO scheduling letters (see 11 NYCRR 65–3.5 [b]; 65–3.6[b] ).
Accordingly, the order is affirmed.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.