FOREST PARK ACUPUNCTURE v. NATIONWIDE PROPERTY CASUALTY INSURANCE CO (2022)

Supreme Court, Appellate Term, New York,

FOREST PARK ACUPUNCTURE, P.C., as Assignee of Jose Enzo, Respondent, v. NATIONWIDE PROPERTY & CASUALTY INSURANCE CO., Appellant.

2020-682 K C

Decided: September 09, 2022

PRESENT: THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ.

Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for appellant. Zara Javakov, P.C. (Zara Javakov of counsel), for respondent (no brief filed).

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court as denied defendant's motion which had sought summary judgment dismissing the complaint on the ground that plaintiff's assignor failed to appear for duly scheduled examinations under oath (EUOs). The Civil Court found, in effect pursuant to CPLR 3212 (g), that plaintiff established the timely mailing of the bills and defendant established the timely mailing of its denials, and limited the issue for trial to defendant's “EUO no show defense as to the March 27, 2017 date.”

For the reasons stated in Forest Park Acupuncture, P.C., as Assignee of Jose Enzo v Nationwide Prop. & Cas. Ins. Co. (––– Misc 3d ––––, 2022 NY Slip Op –––– [appeal No. 2019-683 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.

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