PFJ MEDICAL CARE v. NATIONWIDE INS (2022)

Supreme Court, Appellate Term, New York,

PFJ MEDICAL CARE, P.C., as Assignee of Simmond, Tylon B., Appellant, v. NATIONWIDE INS., Respondent.

2020-74 K C

Decided: June 10, 2022

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

The Rybak Firm, PLLC (Damin J. Toell 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 denying plaintiff's motion for summary judgment and granting defendant's cross motion for summary judgment dismissing the complaint.

Contrary to plaintiff's sole contention on appeal with respect to defendant's cross motion for summary judgment dismissing the complaint, the affirmations submitted by defendant's counsel, as well as the transcripts of the examinations under oath (EUOs), were sufficient to establish that plaintiff had failed to appear for the EUOs (see Pavlova v Nationwide Ins., 70 Misc 3d 144[A], 2021 NY Slip Op 50213[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2021]).

Accordingly, the order is affirmed.

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

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