EZRA SUPPLY INC v. NATIONWIDE

2020-839 KC.

77 Misc.3d 15 (2022)

179 N.Y.S.3d 841

2022 NY Slip Op 22383

EZRA SUPPLY, INC., as Assignee of Samira Bowens, Respondent, v. NATIONWIDE AFFINITY INS. CO. OF AMERICA, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided December 9, 2022.


Attorney(s) appearing for the Case

Hollander Legal Group, P.C. ( Allan S. Hollander and Jennifer B. Ettenger of counsel) for appellant.

Kopelevich & Feldsherova, P.C. ( David Landfair of counsel) for respondent.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court as denied defendant's motion which had sought summary judgment dismissing the complaint on the ground that plaintiff's assignor had failed to appear for duly scheduled examinations under oath (EUOs...

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