ALPINE CHIROPRACTIC v. INTEGON NATIONAL INS CO (2020)

ORDERED that the order 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 appeals from an order of the Civil Court denying defendant's motion which had sought summary judgment dismissing the complaint on the ground that plaintiff's assignor failed to appear for duly scheduled independent medical examinations (IMEs) and examinations under oath (EUOs).

Defendant established that initial and follow-up letters scheduling IMEs had been timely mailed (see St. Vincent's Hosp. of Richmond v. Government Empls. Ins. Co., 50 AD3d 1123 [2008]); that plaintiff's assignor failed to appear on the scheduled dates (see Stephen Fogel Psychological, P.C. v. Progressive Cas. Ins. Co., 35 AD3d 720 [2006]); and that the claims had been timely denied on that ground (see St. Vincent's Hosp. of Richmond, 50 AD3d 1123; Greenway Med. Supply Corp. v. Travelers Ins. Co., 58 Misc 3d 131[A], 2017 NY Slip Op 51765[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017] ). As plaintiff failed to raise a triable issue of fact in opposition to defendant's motion (see 11 NYCRR 65-3.8 [h] ), defendant is entitled to summary judgment dismissing the complaint and we need not reach defendant's contention regarding plaintiff's assignor's failure to appear for duly scheduled EUOs.

Accordingly, the order is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

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