Sharp View Diagnostic Imaging, P.C. v Maya Assur. Co., 2015 NY Slip Op 51721(U))(App. Term 2d Dept. 2015)
“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 (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]). As a result, defendant failed to demonstrate that the IMEs had been properly scheduled and, thus, that plaintiff’s assignor had failed to appear at duly scheduled IME”
It seems that Maya gets into trouble on these IME no show cases often.
