ATLAS ORTHOSURGERY v. AMERICAN TRANSIT INSURANCE COMPANY (2019)

Supreme Court, Appellate Term, New York.

ATLAS ORTHOSURGERY, P.C., as Assignee of Jackxuell Delgado, Appellant, v. AMERICAN TRANSIT INSURANCE COMPANY, Respondent.

2018-744 K C

Decided: October 18, 2019

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

Zara Javakov, P.C. (Zara Javakov of counsel), for appellant. Law Office of Daniel J. Tucker, for respondent (no brief filed).

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), and denied plaintiff's cross motion for summary judgment.

Contrary to plaintiff's sole contention, the proof submitted by defendant was sufficient to establish the proper mailing of the IME scheduling letters (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 SIEGAL, JJ., concur.

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