Compas Med., P.C. v New York Cent. Mut. Fire Ins. Co., 2016 NY Slip Op 50376(U)(App. Term 2d Dept. 2016)
“While defendant submitted properly sworn statements by the chiropractor and doctor who were scheduled to perform the IMEs, neither health care professional demonstrated personal knowledge of the nonappearance of plaintiff’s assignor for the examinations, and, therefore, defendant failed to establish its entitlement to judgment as a matter of law dismissing any causes of action on this ground”‘
(The court cited to Alrof and Bright Supply)
We saw the Appellate Term First Department case holding that a 12 month gap between IME and affidavit required a showing in the affidavit as to the basis of personal knowledge. Having not seen the affidavit, I cannot opine on what the deficiency is.
2 Responses
I can email you the affidavit. They all are horrible. The hertz case it was actually better than others but still failed to pass muSter
The carriers just can’t get it right. It Makes me Laugh and make $$$.