| Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co. |
| 2016 NY Slip Op 50700(U) [51 Misc 3d 143(A)] |
| Decided on April 25, 2016 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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, Kings County (Carol Ruth Feinman, J.), entered July 8, 2014. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment or, in the alternative, to strike defendant's answer and affirmative defenses, and to compel defendant to respond to discovery demands.
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 plaintiff had failed to appear for duly scheduled examinations under oath. Plaintiff cross-moved for summary judgment or, in the alternative, to strike defendant's answer and affirmative defenses, and to compel defendant to respond to discovery demands. Plaintiff appeals from an order of the Civil Court granting defendant's motion and denying plaintiff's cross motion.
For the reasons stated in Professional Health Imaging, P.C., as Assignee of Jennifer Donofrio v State Farm Mut. Auto. Ins. Co. (____ Misc 3d _____, 2016 NY Slip Op ______ [appeal No. 2014-1991 K C], decided herewith), the order is affirmed.
Elliot, J.P., Weston and Solomon, JJ., concur.