Opinion
2016-2318 Q C
02-22-2019
PREFERRED ORTHO PRODUCTS, INC., as Assignee of Reid, Ramone, Appellant, v. 21ST CENTURY INSURANCE COMPANY, Respondent.
The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Offices of Buratti, Rothenberg & Burns (Maryana Feigen of counsel), for respondent.
The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant.
Law Offices of Buratti, Rothenberg & Burns (Maryana Feigen of counsel), for respondent.
PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ
ORDERED that the order is affirmed, with $ 25 costs.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint on the ground that plaintiff's assignor had failed to appear for duly scheduled independent medical examinations (IMEs) and denied plaintiff's cross motion for summary judgment.
Plaintiff's sole appellate contention with respect to defendant's motion, "that the address used on the IME scheduling letters improperly included an apartment number that does not appear on plaintiff's claim forms, will not be considered, as it is being raised for the first time on appeal (see Joe v. Upper Room Ministries, Inc. , 88 AD3d 963 [2011] ; Gulf Ins. Co. v. Kanen , 13 AD3d 579 [2004] ; Mind & Body Acupuncture, P.C. v. Elrac, Inc. , 48 Misc 3d 139[A], 2015 NY Slip Op 51219[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015] )" ( Prime Diagnostic Med., P.C. v. New York Cent. Mut. Fire Ins. Co. , 53 Misc 3d 141[A], 2016 NY Slip Op 51523[U], *1 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016] ).
Accordingly, the order is affirmed.
PESCE, P.J., ALIOTTA and SIEGAL, JJ., concur.