EZRA SUPPLY INC v. STATE FARM MUTUAL AUTO INS CO (2022)

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 on the ground that plaintiff's assignor failed to appear for duly scheduled examinations under oath (EUOs).

Contrary to plaintiff's contention, defendant established, prima facie, that initial and follow-up letters scheduling an EUO were timely and properly mailed in accordance with defendant's standard office practices and procedures, as plaintiff's assignor's sworn statement confirmed that the address used by defendant was the proper address and neither plaintiff nor its assignor disputed assignor's receipt of the letters (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]). In addition, defendant established, prima facie, that plaintiff's assignor failed to appear on either of the scheduled dates (see Celestin v 40 Empire Blvd., Inc., 168 AD3d 805 [2019]) and that the claims were timely denied on that ground (see St. Vincent's Hosp. of Richmond, 50 AD3d 1123).

Accordingly, the order is affirmed.

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