Affidavits of no show are insufficient

T & J Chiropractic, P.C. v Geico Ins. Co., 2015 NY Slip Op 50772(U)(App. Term 2d Dept. 2015)

“While defendant submitted properly sworn statements by the chiropractor and doctor who were scheduled to perform the IMEs, neither health care professional demonstrated personal knowledge of the nonappearance of plaintiff’s assignor for the examinations, and therefore defendant failed to establish its entitlement as a matter of law to the dismissal of these causes of action”

Without having seen the affidavits, I am assuming that that these are the one or two sentences that say “I am a doctor and Assignor failed to appear”.  These worked in ATIC v. Solorzano, but would most likely fail the Alrof and Bright Supply/IDS test.

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One Response

  1. You are correct as to the substance of the Geico afFidavits. I am still shocked Solorzano was DECIDED the way it was

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