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STATE FARM MUT. AUTO. INS. CO. v. ALL CITY FAMILY HEALTHCARE CTR., INC.

Index No. 154735/20, Appeal No. 16228, Case No. 2021-04761.

206 A.D.3d 584 (2022)

168 N.Y.S.3d 839

2022 NY Slip Op 04142

State Farm Mutual Automobile Insurance Company, Appellant, v. All City Family Healthcare Center, Inc., et al., Defendants, and Atlas Physical Therapy, Inc., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 28, 2022.

Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale (Stuart M. Bodoff of counsel), for appellant.

Concur—Manzanet-Daniels, J.P., Oing, González, Scarpulla, Rodriguez, JJ.

This declaratory judgment action concerns claims for no-fault insurance benefits made in connection with an automobile crash that occurred on February 5, 2019. Contrary to the court's ruling, plaintiff established, as to the first cause of action, that the individual claimants, who assigned their claims for no-fault insurance benefits to the defaulting medical service provider defendants, failed to appear for properly-noticed examinations under oath. A review of the court...

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