GENTLECARE AMBULATORY ANESTHESIA SERVICES v. GEICO INS CO (2018)

Supreme Court, Appellate Term, New York.

GENTLECARE AMBULATORY ANESTHESIA SERVICES; Lyonel F. Paul, M.D., as Assignee of Bonitto, Okang, Appellant, v. GEICO INS. CO., Respondent.

2015–2824 Q C

Decided: June 08, 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, Henry Mascia 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 moved for summary judgment, and defendant cross-moved for summary judgment dismissing the complaint on the ground that plaintiff had failed to appear for duly scheduled examinations under oath. Plaintiff appeals from an order of the Civil Court which denied plaintiff's motion and granted defendant's cross motion.

For the reasons stated in Gentlecare Ambulatory Anesthesia Servs. etc., as Assignee of Saint–Louis, Lydia v. GEICO Ins. Co. ( ––– Misc 3d ––––, 2018 NY Slip Op –––– [appeal No. 2015–1996 K C], decided herewith), the order is affirmed.

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

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