NICA ACUPUNCTURE v. 21ST CENTURY CENTENNIAL INSURANCE COMPANY (2019)

Supreme Court, Appellate Term, New York.

NICA ACUPUNCTURE, P.C., as Assignee of Maxim Savelyev, Appellant, v. 21ST CENTURY CENTENNIAL INSURANCE COMPANY, Respondent.

2017-1777 K C

Decided: August 02, 2019

PRESENT: MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ

Law Offices of Damin J. Toell, P.C. (Damin J. Toell of counsel), for appellant. Law Offices of Buratti, Rothenberg & Burns (Konstantinos Tsirkas 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 and denied plaintiff's cross motion for summary judgment.

For the reasons stated in Ocean One Physical Therapy, P.C., as Assignee of Maxim Savelyev v. 21st Century Centennial Ins. Co. (––– Misc 3d ––––, 2019 NY Slip Op –––– [appeal No. 2017-1778 K C], decided herewith), the order is affirmed.

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

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