RVA v. Nationwide Mutual Insurance Company, Defendant-Appellant. (2026)

Per Curiam.

Order (Edit Shkreli, J.), dated July 28, 2025, reversed, with $10 costs, and defendant's motion for summary judgment dismissing the complaint is granted. The Clerk is directed to enter judgment accordingly.

Defendant-insurer's unopposed motion for summary judgment dismissing this action for first-party, no-fault benefits should have been granted. Defendant made a prima facie showing that it timely and properly mailed the notices for examinations under oath [EUO] to plaintiff and that plaintiff failed to appear at the initial and follow-up EUOs (see Kemper Independence Ins. Co. v Cornerstone Chiropractic, P.C., 185 AD3d 468, 469 [2020]; Mapfre Ins. Co. of NY v Manoo, 140 AD3d 468, 470 [2016]; Town RX Inc. v Nationwide Mut. Ins. Co., 87 Misc 3d 132(A) [App Term, 1st Dept 2025]). Plaintiff's failure to attend the EUOs is a violation of a condition precedent to coverage (see Hertz Corp. v Active Care Med. Supply Corp., 124 AD3d 411, 411 [2015]).

Plaintiff's argument that defendant failed to establish that the EUO requests were reasonable is improperly raised for the first time on appeal and therefore is unpreserved for our review (see Massaro v Manfredi Auto Cent., LLC, 248 AD3d 514, 514 [2026]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: September 22, 2026