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

Per Curiam.

Order (Wendy C. Li, J.), entered August 15, 2024, insofar as appealed from, 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 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], 2025 NY Slip Op 51853[U] [App Term, 1st Dept 2025]). The affidavit of defendant's attorney sufficiently described the standard practices and procedures of his office for mailing EUO scheduling letters (see Nationwide Affinity Ins. Co. of Am. v George, 183 AD3d 755, 757 [2020]; Liberty Mut. Ins. Co. v Five Boro Med. Equip., Inc., 130 AD3d 465, 465-466 [2015]), and counsel further represented, under penalty of perjury, that he had personal knowledge that the described practices and procedures were followed (130 AD3d at 466). This represented adequate proof that the EUO letters were mailed to plaintiff.

In opposition, plaintiff failed to raise any issue of fact. Contrary to plaintiff's contention, defendant provided a specific objective justification for conducting EUOs (see 11 NYCRR 65—3.5 [e]; Liberty Mut. Ins. Co. v Mercado, 235 AD3d 410, 410-411 [2025]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur concur

Decision Date: September 22, 2026