OPINION OF THE COURT
FRED J. HIRSH, J.
Defendant moves to dismiss this action pursuant to CPLR 3211 (a) (1) and/or (7) on the grounds Dynamic Medical Imaging, P.C. (Dynamic) failed to appear for an examination under oath (EUO).
Background
Dynamic is a medical imaging facility located in Maspeth, New York.
On May 14, 2010, Dynamic performed a cervical MRI on Jimmy Anderson. Anderson assigned his no-fault benefits to Dynamic.
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