Grand Plus Supply, Inc., as Assignee of Erica F. Hamilton, Appellant, v. GEICO (2026)

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 (Robert J. Helbock, Jr., J.) granting defendant's motion for summary judgment dismissing the complaint on the ground that plaintiff failed to appear for duly scheduled examinations under oath (EUOs).

Contrary to plaintiff's sole contention, the affidavits of defendant's claims supervisor and defendant's mail facility general manager were sufficient to establish, prima facie, that defendant had timely and properly mailed the EUO scheduling letters and NF-10 denial of claim form (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]; First Spine Chiropractic of NY, P.C. v Nationwide Affinity Ins. Co. of Am., 77 Misc 3d 133[A], 2022 NY Slip Op 51252[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]; JCC Med., P.C. v Lancer Ins. Co., 71 Misc 3d 140[A], 2021 NY Slip Op 50485[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2021]). In opposition, plaintiff failed to raise a triable issue of fact with respect thereto.

Accordingly, the order is affirmed.

BUGGS, J.P., MUNDY and LIN, JJ., concur.

ENTER:

Jennifer Chan

Chief Clerk

Decision Date: September 18, 2026