No-Show. Was it timely?March 26, 2015
Acupuncture Solutions, P.C. v Lumbermans Mut. Cas. Co., 2015 NY Slip Op 50346(U)(App. Term 1st Dept. 2015)
“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 plaintiff’s assignor, and that the assignor failed to appear”
So here is the question. Did the “timely and properly mail[ing] [of] the notices” include gearing the mailings to the receipt of Plaintiff’s bill?
I think the answer is no, as the basic construct of a first department no-show motion would not call for same. But I need to read the record before I can give an answer.