CHILDS PLAY OF NEW CITY OTR v. GLOBAL LIBERTY INSURANCE (2020)

Supreme Court, Appellate Term, New York.

CHILDS PLAY OF NEW CITY Patricia Riley-Tesi, OTR/L, as Assignee of Amelia Dossantos, Respondent, v. GLOBAL LIBERTY INSURANCE, Appellant.

2018-1286 K C

Decided: August 28, 2020

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

Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum of counsel), for appellant. Law Offices of Ilona Finkelshteyn, P.C., for respondent (no brief filed).

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's assignor had failed to appear for duly scheduled independent medical examinations. By order entered April 17, 2018, the Civil Court, insofar as is relevant to this appeal, denied the motion, but found, in effect pursuant to CPLR 3212 (g), that defendant had established timely mailing of the denial of claim forms.

For the reasons stated in Colin, as Assignee of Tyrell Sloan v Global Liberty Ins. Co. of NY (––– Misc. 3d ––––, 2020 NY Slip Op –––– [appeal No. 2018-2315 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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