JFL MEDICAL CARE v. LANCER INSURANCE CO (2022)

Supreme Court, Appellate Term, New York,

JFL MEDICAL CARE, P.C., as Assignee of Durham, Sarah, Appellant, v. LANCER INSURANCE CO., Respondent.

2020-742 K C

Decided: January 21, 2022

PRESENT: THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, 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 granting defendant's motion for summary judgment dismissing the complaint and denying plaintiff's cross motion for summary judgment.

Contrary to plaintiff's only contention with respect to defendant's motion for summary judgment, defendant established that the independent medical examination scheduling letters had been mailed to plaintiff's assignor (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]; Madison Prods. of USA, Inc. v 21st Century Ins. Co., 71 Misc 3d 138[A], 2021 NY Slip Op 50446[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists [2021]).

In view of the foregoing, plaintiff's cross motion for summary judgment was properly denied.

Accordingly, the order is affirmed.

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

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