FIRST SPINE CHIROPRACTIC OF NY v. NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA (2022)

Supreme Court, Appellate Term, New York,

FIRST SPINE CHIROPRACTIC OF NY, P.C., as Assignee of Fabian, Angel, Appellant, v. NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA, Respondent.

2021-790 K C

Decided: December 02, 2022

PRESENT: THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, CHEREÉ A. BUGGS, JJ.

The Rybak Firm, PLLC (Damin J. Toell and Richard Rozhik of counsel), for appellant. Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for respondent.

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint on the ground that plaintiff's assignor had failed to appear for duly scheduled examinations under oath, and denied plaintiff's cross motion for summary judgment.

Contrary to plaintiff's sole appellate contention with respect to defendant's motion for summary judgment dismissing the complaint, the affidavits of defendant's claim specialist and mailing manager were sufficient to establish, prima facie, that defendant had timely denied plaintiff's claims (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]; JCC Med., P.C. v Lancer Ins. Co., 71 Misc 3d 140[A], 2021 NY Slip Op 50485[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2021]). In opposition, plaintiff failed to raise a triable issue of fact.

Accordingly, the order is affirmed.

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

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