| RA Med. Servs., P.C. v Lancer Ins. Co. |
| 2022 NY Slip Op 50794(U) [76 Misc 3d 129(A)] |
| Decided on August 12, 2022 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Hollander Legal Group, P.C. (Allan S. Hollander 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 (Robin Kelly Sheares, J.), entered August 8, 2019. The order denied defendant's motion for summary judgment dismissing the complaint and granted plaintiff's cross motion for summary judgment.
ORDERED that the order is affirmed, with $25 costs.
In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court denying defendant's motion which had sought summary judgment dismissing the complaint on the ground that plaintiff had failed to appear for duly scheduled examinations under oath and granting plaintiff's cross motion for summary judgment.
For the reasons stated in RA Med. Servs., P.C., as Assignee of Saint-Flavin, Farra M. v Lancer Ins. Co. (___ Misc 3d ___, 2022 NY Slip Op ______ [appeal No. 2019-1404 K C], decided herewith), the order is affirmed.
ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.