ALLSTATE SOCIAL v. UTICA MUT.

2009-108 K C.

30 Misc.3d 90 (2011)

ALLSTATE SOCIAL WORK AND PSYCHOLOGICAL SERVICES, PLLC, as Assignee of Daniel Jocelyn and another, Appellant, v. UTICA MUTUAL INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided January 10, 2011.


Attorney(s) appearing for the Case

Bruno, Gerbino & Soriano, LLP, Melville ( Charles W. Benton of counsel), for respondent.

Gary Tsirelman, P.C., Brooklyn, for appellant.

GOLIA, J.P., PESCE and STEINHARDT, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits for psychological services rendered to its assignors, defendant moved for summary judgment dismissing the complaint based upon, among other things, the failure of plaintiff's assignors to attend independent medical examinations (IMEs) by a psychologist, which were scheduled by Hudson Valley...

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