AMERICAN TR. INS. CO. v. JAGA MED. SERVS., P.C.

15027, 301291/12

128 A.D.3d 441 (2015)

6 N.Y.S.3d 480

2015 NY Slip Op 03925

AMERICAN TRANSIT INSURANCE COMPANY, Respondent, v. JAGA MEDICAL SERVICES, P.C., et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 7, 2015.


Judgment, Supreme Court, Bronx County (John A. Barone, J.), entered July 12, 2013, which, to the extent appealed from, declared that defendants-appellants were not entitled to no-fault benefits as a result of a motor vehicle accident due to the claimant's failure to appear for scheduled examinations under oath (EUO), unanimously reversed, on the law, without costs, the underlying motion for summary judgment denied, and the judgment vacated.

The reason for the EUO...

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