WARTON SUPPLIES INC v. GEICO INDEMNITY COMPANY (2021)

Supreme Court, Appellate Term, New York,

WARTON SUPPLIES, INC., as Assignee of Alana Rose, Appellant, v. GEICO INDEMNITY COMPANY, Respondent.

2020-655 K C

Decided: December 22, 2021

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

Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Rivkin Radler, LLP (Stuart M. Bodoff of counsel), for respondent.

ORDERED that the order dated October 11, 2019, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint on the ground, as relevant here, that plaintiff had failed to appear for duly scheduled examinations under oath. By order entered March 20, 2019, the Civil Court granted defendant's motion dismissing the complaint. Plaintiff thereafter moved to reargue its opposition to defendant's summary judgment motion. Plaintiff appeals from so much of an order of the Civil Court dated October 11, 2019 as, upon reargument, adhered to the court's prior determination in the March 20, 2019 order granting defendant's motion for summary judgment dismissing the complaint.

For the reasons stated in Warton Supplies, Inc., as Assignee of Jean Louis v GEICO (Gov Employees) (––– Misc 3d ––––, 2021 NY Slip Op –––– [appeal No. 2019-859 K C], decided herewith), the order dated October 11, 2019, insofar as appealed from, is affirmed.

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

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