STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. AUSTIN DIAGNOSTIC MEDICAL, P.C.

2016-02928. Index No. 404504/15.

153 A.D.3d 576 (2017)

60 N.Y.S.3d 98

2017 NY Slip Op 05992

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent, v. AUSTIN DIAGNOSTIC MEDICAL, P.C., Appellant.

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

Decided August 2, 2017.


Ordered that the order is affirmed, with costs.

The plaintiff' insurance company commenced this action against the defendant, seeking a judgment declaring that it was not obligated to pay certain no-fault insurance benefits because the defendant failed to appear for examinations under oath. The defendant filed an answer approximately 3 ½ months after the statutory time to file an answer had expired. The plaintiff rejected the answer as untimely, and the defendant...

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