VE Med. Care, P.C. v State Farm Mut. Auto. Ins. Co., 2015 NY Slip Op 50603(U)(App. Term 2d Dept. 2015)
“Defendant’s motion should have been denied, as defendant failed to establish, as a matter of law, its defense that plaintiff had failed to appear for properly scheduled EUOs (see e.g. Alrof, Inc. v Safeco Natl. Ins. Co., 39 Misc 3d 130[A], 2013 NY Slip Op 50458[U] [App Term, 2d, 11th & 13th Jud Dists 2013]; Bright Med. Supply Co. v IDS Prop. & Cas. Ins. Co., 40 Misc 3d 130[A], 2013 NY Slip Op 51123[U] [App Term, 2d, 11th & 13th Jud Dists 2013]).”
Oh Alrof (again). A misstatement of law that seemed directed a particular law firm.
