| Muhammad Tahir, M.D., P.C. v Hertz Claims Mgt. |
| 2014 NY Slip Op 50625(U) [43 Misc 3d 133(A)] |
| Decided on April 7, 2014 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Queens County
(William A. Viscovich, J.), entered May 3, 2010. The order denied defendant's motion
for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, with $25 costs.
In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint on the ground that defendant had timely and properly denied the claims at issue based on plaintiff's assignor's failure to appear for duly scheduled examinations under oath (EUOs). The Civil Court denied defendant's motion.
Because defendant failed to submit proof by someone with personal knowledge of the nonappearance of plaintiff's assignor for the EUOs in question, defendant's motion was properly denied (see Alrof, Inc. v Safeco Natl. Ins. Co., 39 Misc 3d 130[A], 2013 NY Slip Op 50458[U] [App Term, 2d, 11th & 13th Jud Dists 2013]).
Accordingly, the order is affirmed.
Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: April 07, 2014