One RX Chemist, Inc. v Nationwide Mut. Ins. Co.

Holding The Appellate Term reversed the lower court’s denial of summary judgment, granting the insurer’s motion to dismiss the complaint. The court held that the insurer established a prima facie case by showing the plaintiff failed to appear for scheduled examinations under oath and did not raise a triable issue of fact.

The court’s words

defendant established, prima facie, that it timely mailed its initial and follow-up EUO scheduling letters

2026 NY Slip Op 51309[U], at the official text

plaintiff failed to appear for the EUOs scheduled for December 17, 2021, January 14, 2022, and February 4, 2022

2026 NY Slip Op 51309[U], at the official text

The Civil Court erred in denying defendant's motion on the ground that an issue of fact exists as to the reasonableness of the EUO request

2026 NY Slip Op 51309[U], at the official text

As plaintiff failed to raise a triable issue of fact in response to defendant's prima facie showing, defendant is entitled to summary judgment dismissing the complaint

2026 NY Slip Op 51309[U], at the official text