Gaetane Physical Therapy, P.C. v Great N. Ins. Co., 2015 NY Slip Op 50698(U)(App. Term 2d Dept. 2015)
“In opposition to the motion, plaintiff submitted an affidavit by its principal, who did not indicate that she had examined the assignor or otherwise offer any medical evidence to rebut the conclusions set forth in the IME report. Thus, plaintiff failed to raise a triable issue of fact as to medical necessity”
This is the “know it all” affidavit that does not offer medical evidence for post IME services. It is nice to see the Court taking a stand on this issue.
