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Appellate Term,Second Department: July 6, 2022

Decision & Orders decided:June 10, 2022

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By: Aliotta, P.J., Toussaint, Golia, JJ. The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for respondent.

2019-1349 K C.    MSB PHYSICAL THERAPY, P.C. v. NATIONWIDE INS. — Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), dated June 28, 2019. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment. 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 which granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment. Contrary to plaintiff’s sole appellate contention with respect to defendant’s motion for summary judgment, defendant did not need to demonstrate, as part of its prima facie case, that the first examination under oath scheduling letter had been sent to plaintiff’s assignor within 15 days of defendant’s receipt of either the NF-2 or a claim received from another provider (see Interboro Ins. Co. v. Clennon, 113 AD3d 596, 597 [2014]; Excel Prods., Inc. v. Ameriprise Auto & Home, 71 Misc 3d 136[A], 2021 NY Slip Op 50435[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2021]; see also State Farm Mut. Auto. Ins. Co. v. Surgicore of Jersey City, LLC, 195 AD3d 454 [2021]). Accordingly, the order is affirmed. ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur. June 10, 2022

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