Legal Opinion
Z.M.S. & Y. Acupuncture, P.C. v. Geico General Insurance Co.
Civil Court of the City of New York
Decided May 26, 2017PublishedCited by 2 opinions
1Opinion of the Court
*927OPINION OF THE COURT
Richard J. Montelione, J.
In this action by a provider to recover assigned first party no-fault benefits, plaintiff moves for summary judgment arguing that it established its prima facie entitlement to recovery of its unpaid no-fault bills and defendant cross-moves for summary judgment based upon plaintiff’s purported failure to appear for four examinations under oath (EUO).
Plaintiff argues, inter alia, the denials issued in this matter were untimely as defendant’s EUO scheduling letters were untimely. Specifically, defendant’s letter dated May 19, 2015 which rescheduled…
2Cases cited9 opinions
- St. Vincent's Hospital v. Government Employees InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
- Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
- New York Hospital Medical Center v. Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Presbyterian Hospital in City of New York v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1996
- Keith v. Liberty Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by2 opinions
- Matter of Advanced Orthopaedics, PLLC v. Country-Wide Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2022
- Kemper Independence Ins. Co. v. Cornerstone Chiropractic, P.C.Appellate Division of the Supreme Court of the State of New York · 2020