| Mega Supplies Billing, Inc. v State Farm Fire & Cas. Co. |
| 2013 NY Slip Op 51462(U) [40 Misc 3d 140(A)] |
| Decided on August 26, 2013 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Queens County
(Anna Culley, J.), entered November 2, 2011, deemed from a judgment of the same court
entered December 7, 2011 (see CPLR 5501 [c]). The judgment, entered pursuant to the
November 2, 2011 order granting defendant's motion for summary judgment, dismissed
the complaint.
ORDERED that the judgment 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 on the ground that plaintiff had failed to appear for duly scheduled examinations under oath (EUOs). A judgment was subsequently entered, from which the appeal is deemed to have been taken (see CPLR 5501 [c]).
Contrary to plaintiff's sole contention on appeal, the affidavits submitted by defendant in support of its motion established the timely mailing of the EUO requests and denial at issue (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]; Delta Diagnostic Radiology, P.C. v Chubb Group of Ins., 17 Misc 3d 16 [App Term, 2d & 11th Jud Dists 2007]).
Accordingly, the judgment is affirmed.
Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: August 26, 2013