Legal Opinion

Dynamic Medical Imaging, P.C. v. State Farm Fire & Casualty Co.

New York District Court

Decided June 16, 2011PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Fred J. Hirsh, J.

Defendant moves to dismiss this action pursuant to CPLR 3211 (a) (1) and/or (7) on the grounds Dynamic Medical Imaging, EC. (Dynamic) failed to appear for an examination under oath (EUO).

Background

Dynamic is a medical imaging facility located in Maspeth, New York.

On May 14, 2010, Dynamic performed a cervical MRI on Jimmy Anderson. Anderson assigned his no-fault benefits to Dynamic.

Dynamic submitted the claim for benefits to State Farm Fire and Casualty Insurance Company (State Farm). State Farm received the claim on May 24, 2010.

On June 7, 2010, State Farm…

2Cases cited19 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Leon v. MartinezNew York Court of Appeals · 1994
  4. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  5. Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002

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3Cited by1 opinion

  1. American Chiropractic Care, P.C. v. GEICO InsuranceCivil Court of the City of New York · 2017

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