YUMI ACUPUNCTURE v. INTEGON NATIONAL INS CO (2019)

Supreme Court, Appellate Term, New York.

YUMI ACUPUNCTURE, P.C., as Assignee of Lynch Clifton, Respondent, v. INTEGON NATIONAL INS. CO., Appellant.

2018-1172 K C

Decided: October 11, 2019

PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ

Law Offices of Moira Doherty, P.C. (Maureen Knodel of counsel), for appellant. Gary Tsirelman, P.C. (Douglas Mace of counsel), for respondent.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court as denied defendant's motion which had sought summary judgment dismissing the complaint on the ground that plaintiff's assignor failed to appear for duly scheduled independent medical examinations (IMEs). The Civil Court, in effect, limited the issue for trial, pursuant to CPLR 3212 (g), to whether defendant established that plaintiff's assignor had failed to appear for duly scheduled IMEs.

For the reasons stated in Allay Med. Servs., P.C., as Assignee of Mills, Keith A. v. Metropolitan Gen. Ins. Co. (––– Misc 3d ––––, 2019 NY Slip Op –––– [appeal No. 2017-2389 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

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

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