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MLG MED. P.C. v. NATIONWIDE

Index No. CV-716923-20.

80 Misc.3d 651 (2023)

196 N.Y.S.3d 848

2023 NY Slip Op 23199

MLG MEDICAL P.C., as Assignee of Tracy Thomas, Plaintiff, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant.

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

Decided June 30, 2023.

Attorney(s) appearing for the Case

Hollander Legal Group, P.C., Melville ( Justin A. Calabrese of counsel), for defendant.

Law Offices of Gabriel & Moroff, P.C., Rockville Centre ( John E. Fagan of counsel), for plaintiff.

OPINION OF THE COURT

Defendant's motion for summary judgment and to dismiss plaintiff's complaint on the grounds that plaintiff assignor failed to appear for four duly and timely scheduled examinations under oath (EUO) is granted in its entirety, and plaintiff's cross-motion is denied. Plaintiff's argument that defendant...

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