(Download) "IVB Medical Supply, Inc. v. New York Central Mutual Fire Insurance Co." by Supreme Court of the State of New York Appellate Term: 2Nd And 11Th Judicial Districts # Book PDF Kindle ePub Free

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eBook details

• Title: IVB Medical Supply, Inc. v. New York Central Mutual Fire Insurance Co.
• Author : Supreme Court of the State of New York Appellate Term: 2Nd And 11Th Judicial Districts
• Release Date : January 14, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 82 KB

Description

In this action to recover assigned first-party no-fault benefits for medical supplies furnished to its assignor, plaintiff moved for summary judgment and defendant cross-moved to compel examinations before trial of plaintiff, plaintiffs assignor and plaintiffs treating physicians. The court below denied plaintiffs motion for summary judgment and granted defendants cross motion to the extent of directing all parties to appear for examinations before trial. Plaintiff failed to submit written opposition to defendants cross motion, but instead argued in its reply papers that it was entitled to summary judgment without addressing defendants argument that it was entitled to examinations before trial. Since so much of the order as granted defendants cross motion to the extent of directing all parties to appear for examinations before trial was entered on default, the appeal therefrom by plaintiff, a defaulting party, must be dismissed (see CPLR 5511; Coneys v Johnson Controls, Inc., 11 AD3d 576 [2004]; see also Marino v Termini, 4 AD3d 342 [2004]; Adamson v Evans, 283 AD2d 527 [2001]).

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