John A. Nasrinpay 2, as Assignee of Long, Norma, Appellant, v. State Farm Mutual Automobile Ins. Co., Respondent. (2025)

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 (Odessa Kennedy, J.) dated September 9, 2024 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), and denying plaintiff's cross-motion for summary judgment.

Contrary to plaintiff's contention, the affidavits of defendant's employees were sufficient to give rise to a presumption that the EUO scheduling letters and denial of claim forms had been timely mailed (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]; Horizon P.T. Care, P.C. v State Farm Mut. Auto. Ins. Co., 78 Misc 3d 133[A], 2023 NY Slip Op 50442[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2023]). In view of the foregoing, plaintiff has demonstrated no basis to disturb the order granting defendant's motion and denying plaintiff's cross-motion.

Accordingly, the order is affirmed.

OTTLEY, J.P., TOUSSAINT and MUNDY, JJ., concur.

ENTER:

Paul Kenny

Chief Clerk

Decision Date: November 7, 2025