VERASO MEDICAL SUPPLY CORP v. 21ST CENTURY INSURANCE COMPANY (2018)

Supreme Court, Appellate Term, New York.

VERASO MEDICAL SUPPLY CORP., as Assignee of Connor, John, Appellant, v. 21ST CENTURY INSURANCE COMPANY, Respondent.

2016-1227 K C

Decided: November 23, 2018

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

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Offices of Bryan M. Rothenberg (Sharon A. Brennan of counsel), for respondent.

ORDERED that the order is modified by providing that defendant's cross motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without 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's assignor had failed to appear for examinations under oath.

For the reasons stated in Veraso Med. Supply Corp., as Assignee of Connor, John v. 21st Century Ins. Co. (––– Misc 3d ––––, 2018 NY Slip Op –––– [appeal No. 2016-1141 K C], decided herewith), the order is modified by providing that defendant's cross motion for summary judgment dismissing the complaint is denied.

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

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