Opinion
No. 2012–1596 K C.
12-17-2014
TRUE–ALIGN CHIROPRACTIC CARE, P.C. as Assignee of Jose Reyes, Appellant, v. COUNTRY WIDE INSURANCE COMPANY, Respondent.
Opinion
Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered March 26, 2012. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, with $25 costs.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment, and defendant cross-moved for summary judgment dismissing the complaint on the grounds that plaintiff had failed to respond to defendant's verification requests and that plaintiff's assignor had failed to appear for duly scheduled independent medical examinations (IMEs). The Civil Court denied plaintiff's motion and granted defendant's cross motion.
Plaintiff's arguments on appeal lack merit. The affidavit submitted by defendant sufficiently established the timely and proper mailing of the verification requests and the denial of claim forms (see St. Vincent's Hosp. of Richmond v. Government Empls. Ins. Co., 50 AD3d 1123 [2008] ; Delta Diagnostic Radiology, P.C. v. Chubb Group of Ins., 17 Misc.3d 16 [App Term, 2d & 11th Jud Dists 2007] ). Furthermore, contrary to plaintiff's argument with respect to its first cause of action, defendant demonstrated that it had not received the verification requested, and plaintiff did not show that the requested verification had been provided to defendant. Finally, contrary to plaintiff's argument with respect to the remaining causes of action, defendant established that plaintiff's assignor had failed to appear for the scheduled IMEs (see Quality Psychological Servs., P.C. v. Interboro Mut. Indem. Ins. Co., 36 Misc.3d 146[A], 2012 N.Y. Slip Op 51628[U] [App Term, 2d, 11th & 13th Jud Dists 2012] ).
Accordingly, the order is affirmed.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.