White Plains Med. Care, P.C. v Praetorian Ins. Co.

[*1] White Plains Med. Care, P.C. v Praetorian Ins. Co. 2016 NY Slip Op 50913(U) Decided on June 6, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 6, 2016
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-1847 K C

White Plains Medical Care, P.C., as Assignee of CARL THOMAS, TIFFANY ROSE, ORLANDO MARRIOTT and STEPHANIE ROLDAN, Respondent,

against

Praetorian Ins. Co., Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered June 21, 2013. The order, insofar as appealed from and as limited by the brief, 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 moved for summary judgment dismissing the complaint on the ground that it had timely and properly denied the claims at issue based on the failure of plaintiff's assignors to appear for duly scheduled independent medical examinations (IMEs). The Civil Court denied defendant's motion but, in effect, limited the issues for trial, pursuant to CPLR 3212 (g), to whether plaintiff's assignors had failed to appear for duly scheduled IMEs. As limited by its brief, defendant appeals from so much of the order as denied its motion.

For the reasons stated in Longevity Med. Supply, Inc., as Assignee of Rose Sherlock v Praetorian Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op ___ [appeal No. 2013-2143 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., Aliotta and Solomon, JJ., concur.

Decision Date: June 06, 2016