Opinion
2008-1575 K C.
Decided August 31, 2009.
Appeal from an order of the Civil Court of the City of New York, Kings County (Dolores L. Waltrous, J.), entered April 24, 2008. The order granted defendant's motion for summary judgment and denied plaintiff's cross motion for summary judgment. Order affirmed without costs.
PRESENT: PESCE, P.J., RIOS and STEINHARDT, JJ.
In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment and plaintiff cross-moved for summary judgment. The Civil Court granted defendant's motion and denied plaintiff's cross motion.
Contrary to plaintiff's contention, defendant's motion for summary judgment established that plaintiff's assignor failed to attend scheduled chiropractic/acupuncture independent medical examinations (IMEs) and that the letters scheduling said IMEs were timely sent pursuant to the standard office practice or procedure designed to ensure that such items were properly addressed and mailed ( see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co. , 35 AD3d 720 ; Residential Holding Corp. v Scottsdale Ins. Co., 286 AD2d 679). Plaintiff's remaining contention lacks merit.
Accordingly, we find that the Civil Court properly granted defendant's motion for summary judgment dismissing the complaint ( see Tuncel v Progressive Cas. Ins. Co. , 21 Misc 3d 143[A], 2008 NY Slip Op 52455[U] [App Term, 2d 11th Jud Dists 2008]) and denied plaintiff's cross motion for summary judgment.
Pesce, P.J., Rios and Steinhardt, JJ., concur.