COLUMBUS IMAGING CENTER LLC v. ERIE INSURANCE COMPANY OF NEW YORK (2022)

Supreme Court, Appellate Term, New York,

COLUMBUS IMAGING CENTER, LLC, as Assignee of Martinez, Tiena, Appellant, v. ERIE INSURANCE COMPANY OF NEW YORK, Respondent.

2020-73 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. Law Office of Robyn M. Brilliant (Robyn M. Brilliant 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 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 for summary judgment, defendant did not need to demonstrate, as part of its prima facie case, that the first independent medical examination scheduling letter had been sent to plaintiff's assignor within 15 days of defendant's receipt of either the NF-2 or a claim received from another provider (see 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 [b]; Appendix 13; see also State Farm Mut. Auto. Ins. Co. v Surgicore of Jersey City, LLC, 195 AD3d 454 [2021]; Excel Prods., Inc. v Ameriprise Auto & Home, 71 Misc 3d 136[A], 2021 NY Slip Op 50435[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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