Faith Acupuncture, P.C. v Maya Assur. Co., 2014 NY Slip Op 51863(U)(App. Term 2d Dept, 2014)
“Plaintiff correctly argues on appeal that the affidavit submitted by defendant did not sufficiently set forth a standard office practice or procedure that would ensure that the letters scheduling independent medical examinations (IMEs) had been properly addressed and mailed ”
This is something you do not see too often nowadays: a court stating that the IME letters were not mailed. Most reversals or issues seems to involve the proof of no show. Of course, this only invites a trial where the vendor will have to prove that the letters were mailed.
