Compas Med., P.C. v ELRAC, Inc.

[*1] Compas Med., P.C. v ELRAC, Inc. 2016 NY Slip Op 51440(U) Decided on October 5, 2016 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 5, 2016
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2014-639 Q C

Compas Medical, P.C., as Assignee of JUMOKE FORDE, Appellant,

against

ELRAC, Inc., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Sally E. Unger, J.), entered March 5, 2014. The order granted defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is denied.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint on the ground that defendant had timely and properly denied the claims at issue based on plaintiff's assignor's failure to appear for duly scheduled independent medical examinations. Plaintiff appeals from an order of the Civil Court which granted defendant's motion.

For the reasons stated in Compas Med., P.C., as Assignee of Bianca Loubeau v ELRAC, Inc. (— Misc 3d &mdash, 2016 NY Slip Op — [appeal No. 2014-637 Q C], decided herewith), the order is reversed and defendant's motion for summary judgment dismissing the complaint is denied.

Pesce, P.J., Aliotta and Solomon, JJ., concur.

Decision Date: October 05, 2016