DYNAMIC MED. PC. v. STATE FARM

CV 52070/10

32 Misc.3d 600 (2011)

926 N.Y.S.2d 880

2011 NY Slip Op 21210

DYNAMIC MEDICAL IMAGING, P.C., as Assignee of Jimmy Anderson, Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant.

District Court of Nassau County, First District.

Decided June 16, 2011.


Attorney(s) appearing for the Case

Rivkin Radler LLP for defendant.

Friedman, Harfenist, Kraut & Perlstein, LLP, for plaintiff.


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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