Clinton Place Med., P.C. v New York Cent. Mut. Fire Ins. Co, 2014 NY Slip Op 50413(U)(App. Term 2d Dept. 2014)
“With respect to the claims at issue in plaintiff’s third, fourth, sixth and seventh causes action, defendant failed to show that it had denied the underlying claims or to otherwise raise a triable issue of fact. To the extent that defendant argues that it is nevertheless entitled to summary judgment upon these claims, defendant is mistaken, as defendant’s defense, based upon the assignor’s failure to appear for IMEs, is subject to preclusion if defendant failed to timely deny these claims”
If the Appellate Division Second Department does the right thing, then we can tell the Court that it is mistaken.
