RA MEDICAL SERVICES v. LANCER INSURANCE CO (2022)

Supreme Court, Appellate Term, New York,

RA MEDICAL SERVICES, P.C., as Assignee of Saint-Flavin, Farra M., Respondent, v. LANCER INSURANCE CO., Appellant.

2019-1442 K C

Decided: August 12, 2022

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

Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell 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, defendant appeals from an order of the Civil Court denying defendant's motion which had sought summary judgment dismissing the complaint on the ground that plaintiff had failed to appear for duly scheduled examinations under oath and granting plaintiff's cross motion for summary judgment.

For the reasons stated in RA Med. Servs., P.C., as Assignee of Saint-Flavin, Farra M. v Lancer Ins. Co. (––– Misc 3d ––––, 2022 NY Slip Op –––– [appeal No. 2019-1404 K C], decided herewith), the order is affirmed.

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

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