DOMNY MEDICAL SERVICES v. TRAVELERS INSURANCE COMPANY (2020)

Supreme Court, Appellate Term, New York.

DOMNY MEDICAL SERVICES, P.C., as Assignee of Joseph, Jeanise, Appellant, v. TRAVELERS INSURANCE COMPANY, Respondent.

2018-1758 K C

Decided: November 06, 2020

PRESENT: : THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, BERNICE D. SIEGAL, JJ.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Office of Aloy O. Ibuzor (Gregory W. Broido 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 granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.

Contrary to plaintiff's contentions on appeal, the record was sufficient to establish the proper mailing of the examination under oath scheduling letters to plaintiff's assignor and the denial of claim forms to plaintiff (see St. Vincent's Hosp. of Richmond v. Government Empls. Ins. Co., 50 AD3d 1123 [2008]).

Accordingly, the order is affirmed.

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

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law