True-Align Chiropractic Care, P.C. v Country Wide Ins. Co., 2014 NY Slip Op 51821(U)(App. Term 2d Dept. 2014)
“Finally, contrary to plaintiff’s argument with respect to the remaining causes of action, defendant established that plaintiff’s assignor had failed to appear for the scheduled IMEs (see Quality Psychological Servs., P.C. v Interboro Mut. Indem. Ins. Co., 36 Misc 3d 146[A], 2012 NY Slip Op 51628[U] [App Term, 2d, 11th & 13th Jud Dists 2012]).”
What is interesting is that this Court battles with the Alrof theory and the modified Amex theory regarding the personal knowledge of no-shows.
