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Socrates Medical Health, P.C. A/A/O Juan Acevedo v. Praetorian Insurance Company

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


December 6, 2011

SOCRATES MEDICAL HEALTH, P.C. A/A/O JUAN ACEVEDO,
PLAINTIFF-RESPONDENT, - -
v.
PRAETORIAN INSURANCE COMPANY,
DEFENDANT-APPELLANT.

Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Raul Cruz, J.).

Per curiam.

Socrates Med. Health, P.C. v Praetorian Ins. Co.

2011 NY Slip Op 52174(U)

Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 6, 2011

PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ

entered January 11, 2011, which denied its motion for summary judgment dismissing the complaint.

Order (Raul Cruz, J.), entered January 11, 2011, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

In this action to recover assigned first-party no-fault benefits, defendant's submissions established prima facie its proper mailing of the notices of the independent medical examinations (IMEs) and that the assignor failed to appear (see Unitrin Advantage Ins. Co. v Bayshore Physical Therapy, PLLC, 82 AD3d 559, 560 [2011], lv denied 17 NY3d 705 [2011]; Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720, 721 [2006]). In opposition, plaintiff failed to raise a triable issue regarding the reasonableness of the requests or the assignor's failure to attend the IMEs (see Unitrin Advantage Ins. Co., 82 AD3d at 560; Inwood Hill Med., P.C. v General Assur. Co., 10 Misc 3d 18, 20 [2005]). THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: December 06, 2011

20111206

© 1992-2011 VersusLaw Inc.



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