Five Boro Medical Equipment, Inc., v. Praetorian Ins. Co., Slip Copy, 2016 WL 6106195 (Table), 2016 N.Y. Slip Op. 51481(U)
Insurer sough to dismiss the claim based upon 2 IME no shows. The Court found insurer’s proof to be defective, saying:
The conclusory affidavits of defendant’s IME doctors lacked probative value, since they failed to adequately state the basis of their recollection, some three years later, that the assignor did not appear on the scheduled IME dates (see Village Med. Supply, Inc. v Travelers Prop. Cas. Co. of Am., 51 Misc 3d 126[A], 2016 NY Slip Op 50339[U] [App Term, 1st Dept. 2016]; Metro 8 Med. Equip., Inc. v ELRAC, Inc., 50 Misc 3d 140[A], 2016 NY Slip Op 50174[U][App Term, 1st Dept. 2016]).