ALLEVIATION MEDICAL SERVICES v. CITIWIDE AUTO LEASING (2019)

Supreme Court, Appellate Term, New York.

ALLEVIATION MEDICAL SERVICES, P.C., as Assignee of Hill, Laquan, Appellant, v. CITIWIDE AUTO LEASING, Respondent.

2017-1220 K C

Decided: August 02, 2019

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

Gary Tsirelman, P.C. (Darya Klein of counsel), for appellant. Miller, Leiby & Associates, P.C. (Evan Mizrahi 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 independent medical examinations (IMEs).

Contrary to plaintiff's arguments, defendant's proof sufficiently established that defendant had timely mailed the IME scheduling letters and the denial of claim forms (see St. Vincent's Hosp. of Richmond v. Government Empls. Ins. Co., 50 AD3d 1123 [2008]) and that plaintiff's assignor had failed to appear for the scheduled IMEs (see Stephen Fogel Psychological, P.C. v. Progressive Cas. Ins. Co., 35 AD3d 720 [2006]). Plaintiff's remaining contentions lack merit or are raised for the first time on appeal.

Accordingly, the order is affirmed.

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

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