Village Med. Supply, Inc. v Travelers Prop. Cas. Co. of Am., 2016 NY Slip Op 50339(U)(App. Term 1st Dept. 2016)
“The affidavits of defendant’s IME doctors lacked probative value, since they failed to state the basis of their recollection, some 12 months later, that the assignor did not appear on the scheduled IME dates”
This is interesting and asks a few questions. First: what is the tempral cut off when the affidavit has to say more than: “I was there and (s)he did not attend tee IME?” Second: I am assuming there has to be a minimal recitation of business practice to prove the no show? The rules with no-shows, both procedurally and substantively keep changing.
