ML AVENUE ACUPUNCTURE v. NATIONWIDE MUTUAL INSURANCE COMPANY (2024)

Order (Betty Lugo, J.), entered December 5, 2023, insofar as appealed from, reversed, with $10 costs, defendant's motion granted and the complaint dismissed.

Defendant-insurer's motion for summary judgment dismissing this action for first-party no fault benefits should have been granted on the ground that plaintiff failed to appear at scheduled examinations under oath [EUOs] (see Kemper Independence Ins. Co. v Cornerstone Chiropractic, P.C., 185 AD3d 468, 469 [2020]). Contrary to plaintiff's contention, no issue of fact was raised as to the propriety of the EUO requests. Defendant made a prima facie demonstration that it provided plaintiff with the “specific objective justification” for the EUO requests (11 NYCRR 65-3.5 [e]; see Kemper Independence Ins. Co. v AB Med. Supply, Inc., 187 AD3d 671 [2020]), and, in opposition, no triable issue of fact was raised by plaintiff that the requests were unreasonable (see Unitrin Advantage Ins. Co. v Bayshore Physical Therapy, PLLC, 82 AD3d 559, 560 [2011]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur