PARISIEN v. STATE FARM MUTUAL AUTOMOBILE INS CO (2018)

Supreme Court, Appellate Term, New York.

Jules Francois PARISIEN, M.D., as Assignee of Jean-Charles, Claudine, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., Respondent.

2016-976 Q C

Decided: November 30, 2018

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

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. De Martini & Yi, LLP (Bryan Visnius 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 granted defendant's motion for summary judgment dismissing the complaint on the ground that plaintiff's assignor had failed to appear for duly scheduled examinations under oath.

Contrary to plaintiff's sole contention, defendant established that the denial of claim form had been timely mailed (see St. Vincent's Hosp. of Richmond v. Government Empls. Ins. Co., 50 AD3d 1123 [2008] ).

Accordingly, the order is affirmed.

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

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