Opinion
No. 570755/12.
2013-03-20
COAST MEDICAL DIAGNOSTIC, PC a/a/o Otis Johnson, Plaintiff–Respondent, v. PRAETORIAN INSURANCE COMPANY, Defendant–Appellant.
Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Raul Cruz, J.), entered April 25, 2011, which denied its motion for summary judgment dismissing the complaint.
Present LOWE, III, P.J., SHULMAN, TORRES, JJ.
PER CURIAM.
Order (Raul Cruz, J.), entered April 25, 2011, reversed, with $10 costs, and defendant's motion for summary judgment dismissing the complaint granted. The Clerk is directed to enter judgment accordingly.
The defendant-insurer made a prima facie showing of entitlement to summary judgment dismissing the action for first-party no-fault benefits by establishing that it timely and properly mailed the notices for independent medical examinations (IMEs) to plaintiff's assignor, and that the assignor failed to appear ( see Unitrin Advantage Ins. Co. v. Bayshore Physical Therapy, PLLC, 82 AD3d 559, 560 [2011],lv denied17 NY3d 705 [2011];cf. Stephen Fogel Psychological, P.C. v. Progressive Cas. Ins. Co., 35 AD3d 720, 721 [2006] ). In opposition, plaintiff did not deny the assignor's nonappearance or otherwise raise a triable issue with respect thereto, or as to the mailing or reasonableness of the underlying notices ( see Unitrin at 560).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.