Legal Opinion

Country-Wide Insurance Co. v. Gotham Medical, P.C.

Appellate Division of the Supreme Court of the State of New York

Decided October 26, 2017No. 109903/11 4823 4822PublishedCited by 2 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Richard F. Braun, J.), entered November 25, 2015, which, inter alia, granted plaintiffs’ motion for summary judgment declaring that defendant is not entitled to no-fault insurance benefits from them with respect to the 31 claims at issue, unanimously affirmed, with costs.

The refusal by defendant’s principal, Dr. Alexandre Scheer, to answer questions at an examination under oath (EUO) about his compliance with a consent agreement and order he had entered into with the Office of Professional Medical Conduct (OPMC) constituted a failure to comply with the…

2Cases cited3 opinions

  1. State Farm Mutual Automobile Insurance v. MallelaNew York Court of Appeals · 2005
  2. Mayers v. D'AgostinoNew York Court of Appeals · 1982
  3. Hertz Corp. v. Active Care Medical Supply Corp.Appellate Division of the Supreme Court of the State of New York · 2015

3Cited by2 opinions

  1. Phillip Michael ScottUnited States Bankruptcy Court, S.D. New York · 2019
  2. Phillip Michael Scott v. AIG Property Casualty CompanyDistrict Court, S.D. New York · 2019

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