Excel Imaging, P.C. v Allstate Ins. Co., 2015 NY Slip Op 51896(U)(App. Term 2d Dept. 2015)
(1) “Here, defendant alleges that plaintiff’s assignor failed to appear for duly scheduled EUOs on January 28 and February 24, 2011. However, the papers submitted in support of defendant’s motion included a letter from defendant, dated February 7, 2011, which indicated that plaintiff had requested an adjournment of the January 28, 2011 date. At oral argument, defendant’s counsel conceded that this request was made before January 28, 2011, but he did not indicate whether or not there had been a mutual rescheduling prior to that date”
(2) “Even absent a prior mutual agreement to reschedule, there may be other reasons why plaintiff’s assignor should not be considered to have failed to appear for the January 28, 2011 appointment.”
So an affidavit or proof of sickness, inability to attend (if communicated), etc., can be considered grounds to vitiate a no-show.
