REFILL RX PHARMACY INC v. GLOBAL LIBERTY INS CO OF NY (2019)

Supreme Court, Appellate Term, New York.

REFILL RX PHARMACY, INC., as Assignee of Mark Elvirjames, Respondent, v. GLOBAL LIBERTY INS. CO. OF NY, Appellant.

2018-1238 K C

Decided: October 18, 2019

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

Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum of counsel), for appellant. Gary Tsirelman, P.C. (Jung Pryjma of counsel), for respondent.

ORDERED that the order is reversed, with $30 costs, defendant's cross motion for summary judgment dismissing the complaint is granted and plaintiff's motion to compel discovery is denied as moot.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court which granted plaintiff's motion to compel discovery and denied defendant's cross motion which had sought summary judgment dismissing the complaint on the ground that plaintiff's assignor had failed to appear for duly scheduled independent medical examinations.

For the reasons stated in Valdan Acupuncture, P.C., as Assignee of Maria Marte v. Global Liberty Ins. Co. of NY ( ––– Misc 3d ––––, 2019 NY Slip Op –––– [appeal No. 2018-1352 K C], decided herewith), the order is reversed, defendant's cross motion for summary judgment dismissing the complaint is granted and plaintiff's motion to compel discovery is denied as moot.

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

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