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CELTIC MEDICAL P.C. v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

15 Misc.3d 13 (2007)

832 N.Y.S.2d 743

CELTIC MEDICAL P.C., as Assignee of MARIA VANNESA, Respondent, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

February 6, 2007.

Attorney(s) appearing for the Case

Cambio, Votto, Cassata, & Gullo, LLP, Staten Island (Michelle S. Titone of counsel), for appellant.

Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth, LLP, Mineola (Michael C. Rosenberger of counsel), for respondent.

RUDOLPH, P.J., McCABE and TANENBAUM, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order reversed without costs, defendant's motion for summary judgment granted and complaint dismissed.

In this action to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint based upon plaintiff's assignor's failure to attend duly scheduled independent medical examinations (IMEs). Plaintiff opposed the motion...

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