COMPREHENSIVE CARE PHYSICAL THERAPY v. GEICO INS CO (2019)

Supreme Court, Appellate Term, New York.

COMPREHENSIVE CARE PHYSICAL THERAPY, P.C., as Assignee of Greenberg, Andrea, Appellant, v. GEICO INS. CO., Respondent.

2018-1811 K C

Decided: December 13, 2019

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

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Rivkin Radler, LLP (Stuart M. Bodoff 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 denied plaintiff's motion for summary judgment and granted defendant's cross motion for 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 Omphil Care, Inc., as Assignee of Small, Shereen v GEICO Ins. Co. (––– Misc. 3d ––––, 2019 NY Slip Op. _ [appeal No. 2018-1604 K C], decided herewith), the order is affirmed.

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

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