Opinion
No. 2012–1826 K C.
04-16-2015
VE MEDICAL CARE, P.C. as Assignee of Alexis Guerrero, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., Respondent.
Opinion
ORDERED that the order is reversed, without costs, and defendant's motion for summary judgment dismissing the complaint is denied.
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 had failed to appear for duly scheduled examinations under oath (EUOs).
Defendant's motion should have been denied, as defendant failed to establish, as a matter of law, its defense that plaintiff had failed to appear for properly scheduled EUOs (see e.g. Alrof, Inc. v. Safeco Natl. Ins. Co., 39 Misc.3d 130[A], 2013 N.Y. Slip Op 50458[U] [App Term, 2d, 11th & 13th Jud Dists 2013] ; Bright Med. Supply Co. v. IDS Prop. & Cas. Ins. Co., 40 Misc.3d 130 [A], 2013 N.Y. Slip Op 51123[U] [App Term, 2d, 11th & 13th Jud Dists 2013] ).
Accordingly, the order is reversed and defendant's motion is denied.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.