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DYNAMIC MED. P.C. v. STATE FARM MUT. AUTO. INS. CO.

No. 25342/09

26 Misc.3d 776 (2009)

2009 NY Slip Op 29478

894 N.Y.S.2d 833

DYNAMIC MEDICAL IMAGING, P.C., as Assignee of Veronia A. Thompson, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., Defendant.

District Court of Nassau County, Second District.

Decided November 24, 2009.

Attorney(s) appearing for the Case

Rivkin Radler, LLP, for defendant.

Friedman, Harfenist, Langer & Kraut, LLP, for plaintiff.

OPINION OF THE COURT

MICHAEL A. CIAFFA, J.

Defendant's motion to dismiss plaintiff's complaint is granted.

The moving papers submitted by defendant make a prima facie showing of its entitlement to dismissal through proof, in admissible form, that plaintiff failed to appear for a properly noticed examination under oath (EUO). Such failure to appear for the EUO breached a condition precedent to plaintiff...

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