SURE WAY NY INC v. TRAVELERS INSURANCE COMPANY (2019)

Supreme Court, Appellate Term, New York.

SURE WAY NY, INC., as Assignee of Constatino, Rachel, Appellant, v. TRAVELERS INSURANCE COMPANY, Respondent.

2017-1378 K C

Decided: August 02, 2019

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

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Offices of Aloy O. Ibuzor (Gregory W. Broido of counsel), for respondent.

ORDERED that the order is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is denied.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court granting defendant's motion which had sought summary judgment dismissing the complaint on the ground that plaintiff had failed to appear for duly scheduled examinations under oath.

For the reasons stated in Zen Acupuncture, P.C., as Assignee of Figueroa Lizzette v. Ameriprise Ins. Co. (––– Misc 3d ––––, 2019 NY Slip Op –––– [appeal No. 2017-915 K C], decided herewith), the order is reversed and defendant's motion for summary judgment dismissing the complaint is denied.

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

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