Legal Opinion
MOPS Medical Supply v. GEICO Insurance
Civil Court of the City of New York
Decided May 3, 2004PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Ellen Gesmer, J.
*186Defendant has moved to dismiss plaintiffs complaint pursuant to CPLR 3126 because plaintiff failed to appear at an examination before trial (EBT) scheduled by defendant. Defendant’s motion is granted unless the plaintiff appears for an EBT under the terms set forth below.
Procedural History and Facts
In this action, plaintiff is seeking payment of first-party no-fault benefits for medical equipment provided by it to Leonie Joiles, who assigned to plaintiff her rights to no-fault benefits from defendant, her insurer.* The defendant timely denied payment, on…
2Cases cited13 opinions
- Koump v. SmithNew York Court of Appeals · 1969
- Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
- Barouh Eaton Allen Corp. v. International Business Machines Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Westhampton Adult Home, Inc. v. National Union Fire Insurance Co. of Pittsburgh Pa.Appellate Division of the Supreme Court of the State of New York · 1984
- Katz v. PosnerAppellate Division of the Supreme Court of the State of New York · 1965
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3Cited by2 opinions
- Metropolitan Radiological Imaging, P.C. v. State Farm Mutual Automobile InsuranceCivil Court of the City of New York · 2005
- MD Imaging, P.C. v. Progressive Northern Insurance Co.Poughkeepsie City Court · 2008