Legal Opinion
Avalon Radiology, P.C. v. Ameriprise Insurance
Suffolk County District Court
Decided June 8, 2016PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
James F. Matthews, J.
Ordered that this motion by defendant for an order pursuant to CPLR 3212 granting summary judgment in its favor against plaintiff dismissing the complaint in this action for assigned first-party no-fault benefits is denied, and plaintiff’s cross motion for summary judgment in its favor against defendant is granted.
Defendant denied the no-fault claims at issue based on the failure of plaintiff Avalon Radiology, P.C. to appear for two examinations under oath (EUOs) on April 10, 2014 and May 1, 2014. Defendant’s first EUO request, dated March 26, 2014,…
2Cases cited4 opinions
- Stephen Fogel Psychological, P.C. v. Progressive Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
- Westchester County Medical Center v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
- American Transit Insurance v. Jaga Medical Services, P.C.Appellate Division of the Supreme Court of the State of New York · 2015
- American Transit Insurance v. CurryNew York Supreme Court · 2013
3Cited by1 opinion
- American Chiropractic Care, P.C. v. GEICO InsuranceCivil Court of the City of New York · 2017