FIVE BORO SERVS PLLC v. GEICO

CV-18118-11/KI.

38 Misc.3d 354 (2012)

954 N.Y.S.2d 433

2012 NY Slip Op 22333

FIVE BORO PSYCHOLOGICAL AND LICENSED MASTER SOCIAL WORK SERVICES, PLLC, as Assignee of Alex Dupiton, Plaintiff, v. GEICO GENERAL INS. CO., Defendant.

Civil Court of the City of New York, Kings County.

November 19, 2012.


Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale, for defendant.

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


OPINION OF THE COURT

DEVIN P. COHEN, J.

After oral argument, the decision/order on defendant's motion for summary judgment dismissing the complaint is as follows:

Defendant moves for summary judgment dismissing the complaint on the ground that it issued timely denials of plaintiff's claims based upon the claimant's failure to appear for two scheduled examinations under oath (EUOs). Plaintiff opposes the motion on the grounds that there was not a...

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