NL QUALITY MEDICAL v. GEICO INS CO (2020)

Supreme Court, Appellate Term, New York.

NL QUALITY MEDICAL, P.C., as Assignee of Alexander, Tomas, Respondent, v. GEICO INS. CO., Appellant.

2018-2005 K C

Decided: August 28, 2020

PRESENT: THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, WAVNY TOUSSAINT, JJ

Rivkin Radler, LLP, (Stuart M. Bodoff and Cheryl F. Korman of counsel), for appellant. The Rybak Firm, PLLC, (Damin J. Toell 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 moved for summary judgment dismissing the complaint on the ground that plaintiff had failed to appear for duly scheduled examinations under oath, and plaintiff cross-moved for summary judgment. Defendant appeals from so much of an order of the Civil Court as denied defendant's motion.

For the reasons stated in NL Quality Med., P.C., as Assignee of Sumlar, Tanya v. GEICO Ins. Co., (––– Misc 3d ––––, 2020 NY Slip Op –––– [appeal No. 2018-2004 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

ALIOTTA, P.J., ELLIOT and TOUSSAINT, JJ., concur.

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