CHI ACUPUNCTURE v. GEICO GENERAL INS CO (2022)

Supreme Court, Appellate Term, New York,

CHI P & L ACUPUNCTURE, P.C., as Assignee of Jordan Abenathy, Ariel Snow, Raffy MartinezOrtiz, Sasha Serrano, Michelle Compres and Adrian Guzman, Respondent, v. GEICO GENERAL INS. CO., Appellant.

2019-955 K C

Decided: July 15, 2022

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

Rivkin Radler, LLP (Stuart M. Bodoff of counsel), for appellant. Zara Javakov, P.C. (Zara Javakov of counsel), for respondent.

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

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals, as limited by its brief, from so much of an order of the Civil Court as denied defendant's motion which had sought summary judgment dismissing the complaint on the ground that plaintiff failed to appear for duly scheduled examinations under oath.

For the reasons stated in Chi P & L Acupuncture, P.C., as Assignee of Oscar Fleming v GEICO Gen. Ins. Co. (––– Misc 3d ––––, 2022 NY Slip Op –––– [appeal No. 2019-954 K C], decided herewith), the order, insofar as appealed from, is affirmed.

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

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