Mind & Body Acupuncture, P.C. v Elrac, Inc., 2015 NY Slip Op 51219(U)(App. Term 2d Dept. 2015)
“With respect to the bills that were denied based upon plaintiff’s assignor’s failure to appear for duly scheduled independent medical examinations (IMEs), the only other argument plaintiff makes on appeal is that the address to which the IME scheduling letters were addressed improperly included an apartment number. However, that argument is not properly before this court as it is being raised for the first time on appeal, and we decline to consider it”