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Lida's Med. Supply, Inc. v Park Ins. Co.
2019 NY Slip Op 51282(U) [64 Misc 3d 144(A)]
Decided on August 2, 2019
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on August 2, 2019
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ
2017-2119 K C

Lida's Medical Supply, Inc., as Assignee of Cortwright, George, Respondent,

against

Park Ins. Co., Appellant.


Gullo & Associates, LLP (Kristina O'Shea of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Louis L. Nock, J.), entered August 16, 2017. The order, insofar as appealed from, denied defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, 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 so much of an order of the Civil Court as denied defendant's motion which had sought summary judgment dismissing the complaint on the ground that plaintiff's assignor had failed to appear for duly scheduled independent medical examinations.

For the reasons stated in Alleviation Med. Servs., P.C., as Assignee of Hill, Laquan v Citiwide Auto Leasing (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-1220 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

PESCE, P.J., WESTON and ALIOTTA, JJ., concur.


ENTER:


Paul Kenny


Chief Clerk


Decision Date: August 02, 2019