Stracar Medical Services, P.C. v. State Farm Mutual Automobile Insurance

OPINION OF THE COURT

Memorandum.

Ordered that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, the Civil Court granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiffs cross motion for summary judgment, finding that defendant demonstrated that plaintiff had failed to appear for duly scheduled examinations under oath (EUOs).

It is undisputed that plaintiffs patient, the assignor herein, initially granted plaintiff the right to bill defendant and receive direct no-fault payments from…