IME no-show affidavit executed 8 years prior to the no showSeptember 29, 2016

Healthy Way Acupuncture, P.C. v Clarendon Natl. Ins. Co., 2016 NY Slip Op 51381(U)(App. Term 2d Dept. 2016)

“The conclusory affidavits of defendant’s IME doctors lacked probative value, since they failed to state the basis of their recollection, some 8 years later, that the assignor did not appear on the scheduled IME dates”

Hard for me to fathom the type of proof, short of check-in-sheets to meet this exacting standard of proof that the Court has set forth when the no-show is more remote in time.  But again, this is why the contemporaneous affidavit/affirmation is a must have.

2 Responses

  1. Sun Tzu says:

    Exacting standard? My Lord.

    The laws of evidence were simply not applied to IME no-show affiants previously– Affs that would not hold muster in any other area of law were allowed to establish no-shows.

    from the standpoint of undeserved PRIVILEGE, equality seems like oppression.

  2. Alan Klaus says:

    Wow The 1st dept made a good decision! Shocking!

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