ADVANCED REHAB MEDICAL SVCS v. NY CENTRAL MUTUAL FIRE INS CO (2020)

Supreme Court, Appellate Term, New York.

ADVANCED REHAB MEDICAL SVCS, P.C., as Assignee of Cindy Gordonsoto, Appellant, v. NY CENTRAL MUTUAL FIRE INS. CO., Respondent.

2018-2091 K C

Decided: November 13, 2020

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

Gary Tsirelman, P.C. (Douglas Mace of counsel), for appellant. Nightingale Law, P.C. (Michael S. Nightingale of counsel), for respondent.

ORDERED that the order is affirmed, with $25 costs.

Contrary to plaintiff's argument, defendant's proof sufficiently established that plaintiff's assignor had failed to appear for the scheduled independent medical examinations (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720 [2006]). Plaintiff's remaining contention lacks merit.

Accordingly, the order is affirmed.

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

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