IME no show results in summary dismissalSeptember 15, 2011
Multi-Specialty Pain Mgt. PC v New York Cent. Mut. Fire Ins. Co., 2011 NY Slip Op 51677(U)(App. Term 1st Dept. 2011).
“defendant’s submissions established prima facie that it properly mailed initial and follow-up notices of independent medical examinations (IMEs) to the assignor and her attorney, and that the assignor failed to appear”
I would not read too much into the bolded language. I believe there is case law out there that only requires it to be mailed to the assignor. Still, this opens a door (perhaps) for the eventual argument that you know will be made.