No Fault Defender – A Defense Attorney's Perspective on New York No-Fault Law
By: Jason Tenenbaum
IME no-show first department
Stanley Liebowitz, M.D., P.C. v Unitrin Preferred Ins. Co., 2012 NY Slip Op 52363(U)(App. Term 1st Dept. 2012)
“The defendant-insurer made a prima facie showing of entitlement to summary judgment dismissing the action for first-party no-fault benefits by establishing that it timely and properly mailed the notices for independent medical examinations (IMEs) to the assignor and his attorney, and that the assignor failed to appear”
…
“In opposition, plaintiff did not deny the assignor’s nonappearance or otherwise raise a triable issue with respect thereto, or as to the mailing or reasonableness of the underlying notices”
2 Responses to “IME no-show first department”
Leave a Reply
In this case and a lot of these IME NS cases it just looks like the Plaintiff atty didnt do their homework to try and oppose motion.
Looks can be deceiving, Alan, especially with how decisions are written. Perhaps you should pull the record and review the opposition papers.