MADISON PRODUCTS OF USA INC v. 21ST CENTURY INSURANCE COMPANY (2021)

Supreme Court, Appellate Term, New York,

MADISON PRODUCTS OF USA, INC., as Assignee of Barnes, Omari, Appellant, v. 21ST CENTURY INSURANCE COMPANY, Respondent.

2019-675 K C

Decided: May 14, 2021

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

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Offices of Buratti, Rothenberg & Burns (Konstantinos Tsirkas 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 granting defendant's motion for summary judgment dismissing the complaint and denying plaintiff's cross motion for summary judgment.

Contrary to plaintiff's sole contention on appeal with respect to defendant's motion, defendant established that the examination under oath scheduling letters had been timely mailed (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]; City Anesthesia Healthcare, P.C. v Erie Ins. Co. of NY, 70 Misc 3d 141[A], 2021 NY Slip Op 50135[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2021]; 11 NYCRR 65-3.5 [a], [d]; Appendix 13).

Accordingly, the order is affirmed.

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

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