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COUNTRY-WIDE INSURANCE COMPANY, ET AL., plf-res, v. GOTHAM MEDICAL, P.C., def-ap

4822-4823. COUNTRY-WIDE INSURANCE COMPANY, ET AL., plf-res, v. GOTHAM MEDICAL, P.C., def-ap — The Russell Friedman Law Group, Lake Success (Charles Horn of counsel), for ap — Thomas Torto, New York, res — Order, Supreme Court, New York County (Richard F. Braun, J.), entered November 25, 2015, which, inter alia, granted plaintiffs' motion for summary judgment declaring that defendant is not entitled to no-fault insurance benefits from them with respect to the 31 claims at issue, unanimously affirmed, with costs.

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4822-4823. COUNTRY-WIDE INSURANCE COMPANY, ET AL., plf-res, v. GOTHAM MEDICAL, P.C., def-ap — The Russell Friedman Law Group, Lake Success (Charles Horn of counsel), for ap — Thomas Torto, New York, res — Order, Supreme Court, New York County (Richard F. Braun, J.), entered November 25, 2015, which, inter alia, granted plaintiffs’ motion for summary judgment declaring that defendant is not entitled to no-fault insurance benefits from them with respect to the 31 claims at issue, unanimously affirmed, with costs.

The refusal by defendant’s principal, Dr. Alexandre Scheer, to answer questions at an examination under oath (EUO) about his compliance with a consent agreement and order he had entered into with the Office of Professional Medical Conduct (OPMC) constituted a failure to comply with the request for an EUO, a condition precedent to coverage under the insurance policy (see Hertz Corp. v. Active Care Med. Supply Corp., 124 AD3d 411 [1st Dept 2015]).

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