ACUPUNCTURE HEALTHCARE PLAZA v. STATE FARM MUTUAL AUTOMOBILE INS CO (2018)

Supreme Court, Appellate Term, New York.

ACUPUNCTURE HEALTHCARE PLAZA I, P.C., as Assignee of Cherry, Sharmaine, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., Respondent.

2015–2411 Q C

Decided: May 18, 2018

PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Rivkin Radler, LLP (Cheryl F. Korman and Stuart M. Bodoff 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 of the Civil Court which denied plaintiff's motion for summary judgment, and granted defendant's cross motion for summary judgment dismissing the complaint on the ground that plaintiff had failed to appear for duly scheduled examinations under oath (EUOs).

For the reasons stated in Charles Deng Acupuncture, P.C., as Assignee of Denard, Jean v. State Farm Mut. Auto. Ins. Co. (––– Misc 3d ––––, 2018 NY Slip Op –––– [appeal No. 2016–75 K C], decided herewith), the order is affirmed.

PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.

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